Can I recieve my salary even if I did not serve any notice of my resignation?
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Can I recieve my salary even if I did not serve any notice of my resignation?
I have an issue with my employers regarding salaries. It has been over 10 days that I still haven’t recieved my salary as it’s stipulated in my contract that every month end I’m due a salary. Also, there is also a missed payment for the month of March.As a result of the event I resigned on the 31st of May.
Asked on June 10, 2019 under Employment Labor Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
All work is compensable. This means that you must be paid for all time you put in at your job. Thisis true no matter when the pay period ends. That having been said, you need not be paid for days that you did not actually work (i.e. for days past your last day). At this point, you can either sue your former employer in small claims for any money due to you or you can file a wage complaint with your state's department of labor.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You must be paid up through the last day you actually worked--period and end of sentence. It doesn't matter if payday falls after your resignation: you still have to be paid. They don't need to pay you for any days beyond your last day, but must pay you for all the work you did. If they do not, you can sue them for the money. Suing in small claims court (if the amount is under the small claims limit) is a fast, cost-effective option.
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