Sunday, February 1, 2015

I was a waitress and worked for my last employer for 6 years.I recently got laid off without proper notice and without receiving my last pay...

Question

I was a waitress and worked for my last employer for 6 years.I recently got laid off without proper notice and without receiving my last pay.The last day my coworkers and i worked we were told that the restaurant was closing for two days for repairs and two days after we find out that the place has been sold and is being remodeled. We weren't told anything by our boss and are trying to find if there is any complain we can file for that any because before the place was closed the restaurant never paid us overtime properly or for holidays. The last months we worked there the place was unsanitary no air conditioner and not hot water. What can we do?



Answer

Unless you have an employment contract or collective bargaining agreement, your employer is not required to give you notice of termination. The employer is required to pay you for all hours worked. You can either sue the employer or file a complaint with the wage and hour division. If you sue the employer and win, the employer should have to pay your attorneys fees. Not sure what you mean by not paying you properly for holidays. Unless you have an employment contract that specifies otherwise, you are only entitled to your regular wage for working on holidays. Having no air conditioning or hot water could be a health department concern, however, obviously if the business is sold and the building being remodeled, there would be little point in filing a complaint unless you were harmed in some way.



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