If I was laid off and given a severance pay that included sick and vacation time along with 2 weeks paid, am I entitled to be paid the 4 days pay that I worked just before the layoff?

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If I was laid off and given a severance pay that included sick and vacation time along with 2 weeks paid, am I entitled to be paid the 4 days pay that I worked just before the layoff?

I asked former manager for the remaining 4 days that I worked prior to being laid off. He said no that’s all you are getting. Is that legal or can those 2 weeks paid be in lieu of the 4 days that I wasn’t paid before departing the company?

Asked on July 5, 2015 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If you worked, you *must* be paid for all days that you worked: that is the law (e.g. the Fair Labor Standards Act) and there are no exceptions. Of course, there is also no law requiring severance pay, so the company could have given you only 10 days, instead of 14 days (2 weeks) paid severance, so they could have come out to the exact same amount by a different way.


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