Should i get paid for this?
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Should i get paid for this?
I work for a company who closed down recently and none of us were given any notice. We were Scheduled from Monday-Sunday and we found out Monday that we were closed. The restaurant is in Fresno, California. Our Regional Director was there and told us we would be paid for the week we were scheduled. 2 days later we come in to get our last checks and he said we would not be paid because we didnt work. they were supposed to find placement but had a sister restaurant come in and didnt even interview anyone, and had one other store who also didnt interview anyone. Then my General manager tells me ‘I know its the ‘law’ but if you want to be petty over 40.00, you go ahead but if you ever want to transfer to another store, youll be burning a bridge with the company and you will not be hireable’
Asked on December 30, 2016 under Employment Labor Law, California
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Actually, no notice and no compensation is required unless the employer (the restaurant) had 75 or more employees. If it did not, they can closed down and lay you off without warning and without any compenation.
If they did have 75 or more employees, you may have been owed warning under your state's law (the CA WARN Act), and if 100 or more employees, under federal law (the fedeal WARN Act), too. If the company met those threshholds, you needed to get 60 days or more notice IF they were laying off at least 50 employees--and if fewer than 50 employees being laid off, again, they owed you nothing.
If you think that under the circumstances (total number of employees; number of employees laid off) you were entitlted to notice, you can contact the state department of labor: you may be entitled to compensation.
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