If I quit my job during a trial period, am I still entitled to be paid?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I quit my job during a trial period, am I still entitled to be paid?
I was offered a position working for an attorney for a trial period. The only term that was discussed was that I would be paid a specified amount per hour. After 3 days, I determined the position was not a good fit for me. After informing the attorney she refuses to pay me for my time or work claiming now she has to “start over.” Am I still entitled to be paid?
Asked on August 22, 2015 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Yes, you still entitled to be paid--and the attorney, as an attorney, should know that. All employment is effectively always a "trial period" unless you have an employment contract, since all employment is "employment at will"--you can be fired at any time, for any reason or quit at any time, for any reason. The fact that an employee may quit or be fired does not mean that they are not paid for the work they did. You must be paid for the hours you worked, at the agreed upon rate. If not, you could sue her e.g. in small claims court, acting as your own attorney for the money.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.