What are my employee rights?

Question

I just gave my 2 week notice today. Not even before the day is over...I was informed that they already found a replacement and she will be starting Monday. However, they will only need me to work for 1 more week instead of two weeks.

Is it fair for them to let me go early? Also, as an employee of the company, by law do they have to pay me for the two weeks if they are letting me early?

Here is the catch: I am getting paid under the table. I know it's stupid and I shouldn't have done that, but at that time it was an offer that I couldn't refuse. Besides, they preferred it that way. I was getting paid as a regular employee but when I put my two week notice a while back they asked me to stay and offered to pay me under the table and all this crap!

I just feel that even though technically I am "not an employee with the company". I get paid under the table and no, they don't 1099 me. I want to go into my boss's office and tell him that I have as much rights as a regular employee.

Answer 1

You do have as much rights as a regular employee. You turned in your notice and they opted to release you after one week instead of two. No, they do not have to pay you for the extra week. And a regular employee would have exactly the same rights.

So will you be declaring all that under the table money on your income taxes this year? Do you realize your employer could get in big trouble for not paying social security taxes?

Answer 2

You are getting paid under the table....you don't have any rights as you are not an employee.

You didn't have to give them two week's notice...you are not an employee.

They didn't have to give you notice that you were going to be replaced in one week....you are not an employee.

They don't have to send you a 1099....you are not an employee.

Get the picture?

Next job you get make sure that you are an employee being paid as such....helps with a lot of issues.

Answer 3

You got paid under the table. No taxes no other required deductions. If you made thousands better get a 1099. But remember you agreed to this "under the table" business.
Just move on.
You were NOT a regular employee and you agreed with what was offered.
Move on.

Answer 4

You said it "technically you are not an employee", as far as your boss concerns you don't even exist therefore law does not apply in your case.

Even if you are an employee they don't have to pay you for letting you go early.

Try to be nice, your employer can mess you up real bad if they want to, by report X amount of money pay to you for your work, make sure whatever under the table stays "under the table".

Answer 5

This varies state to state. In California, I am pretty sure full time employees can get paid (by Unemployment) maternity and paternity leave. As a father, I had a paid 6 weeks off for each of my kids. This leave, however, must be used before the kid turns one year old.

Answer 6

technically they can let you go for what ever reason they want it is called right to work they don't have to have a reason. as far as being paid under the table business speaking yes they should pay you for those two weeks but they might not and if you fight it they might tax your money that you have made the whole time you have worked there

Answer 7

yes it is fair, you were kind enough to give two weeks notice and they moved fast to train someone, at least you didnt cut your own throat and just walk, now you have a fall back place

Answer 8

They can legally fire you at any time. Some places will let you go when you give your notice.

Answer 9

you really want that last week? Tell them if they dont give....it to you, your going to file for unemployment, and when asked if you have chk stubs, your going to say no....they paid me cash........you might not even have to work that last week........for the money.