Should i get paid for this?

UPDATED: Sep 30, 2022

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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.

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 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.

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