Am I entitled to back pay for a period I worked after I resigned?

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Am I entitled to back pay for a period I worked after I resigned?

I worked for a major company and resigned. After I resigned, remaining employees received back pay for a period that we worked without a contract. Am I entitled to back pay for the period I worked within the time I was employed there?

Asked on August 21, 2010 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It depends. If the company was deferrring payment but the expectation was that at some later date (e.g. when the company was on better financial footing; or when all the terms of a contract were worked out), employees would be paid, then you would seem to have the same standing to be paid after the fact as others. On the other hand, if there was an agreement by the employees at the time to work without pay, and the company later chose voluntarily to pay employees (even though it did not have to--there'd been agreement to work without pay), the company could, since the action is voluntarily choose to only pay those still at the company. In short, you need to look to the circumstances of your having worked without pay to see if you may have a claim for the pay.


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