can my boss sue me if i quit 2 weeks before the end of school year?

[rosesndiamonds]

i'm working as an office assistant in a private high school. i told my boss today that i need to quit at the end of May (2 week notice) due to personal reasons. my boss got mad at me and threatened that he will sue me if i don't stay till the end of school year which is middle of june. his reason is that end of the school year is very busy and by quitting, i'm messing up their education system. so he threatened to sue me and will not pay me for May. do i have a case against me? i did not sign any contract and i give them a 2 week notice.

 

[army judge]

i'm working as an office assistant in a private high school. i told my boss today that i need to quit at the end of May (2 week notice) due to personal reasons. my boss got mad at me and threatened that he will sue me if i don't stay till the end of school year which is middle of june. his reason is that end of the school year is very busy and by quitting, i'm messing up their education system. so he threatened to sue me and will not pay me for May. do i have a case against me? i did not sign any contract and i give them a 2 week notice.

Of course your boss can sue you!

If he does, he won't win!

He has to pay you for everyday worked, even if you quit tomorrow.

He doesn't have to accept your two week notice, however.

Some employers will tell you that today is your last day, when you give a two week notice.

Then your resignation becomes his discharge or termination.

If your employer changes your resignation into a discharge situation, however, all of your earned wages became due and payable immediately at the time he terminates you.

California assesses penalties to bully bosses, such as the one you describe.

It is illegal to withhold your wages in the manner your boss threatens in California.

So, if you want to quit, go ahead and do so.

You can copy the notes below and show them to him, if he protests.

Don't argue, because if he takes MORE than 72 hours to pay you (if you quit), you can file a complaint with your state and it will cost him dearly!

If he fires you on the spot, then he has to pay you all of your money and vacation IMMEDIATELY and in FULL!

Your state does not allow him any extra time to pay you, when he fires or terminates you.

You have to be given your wages before you leave the building.

I hope your personal situation gets better.

An employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Labor Code Sections 201 and 227.3

An employee without a written employment contract for a definite period of time who quits without giving 72 hours prior notice must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting.

An employee who quits without giving 72-hours prior notice may request that his or her final wage payment be mailed to a designated address.

The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the time of quitting. Labor Code Section 202

The place of final wage payment for employees who quit without giving 72 hours prior notice and without specifically requesting that their final wages be mailed to them, is at the office of the employer within the county in which the work was performed. Labor Code Section 208

Therefore, it is imperative that an employee who quits without giving 72 hours prior notice return to the office of the employer 72 hours after quitting and request his or her final wage payment.

An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. Mamika v. Barca (1998) 68 Cal.App4th 487 An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due.

http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

 

[Patricia_Young]

Do you have a bona fide employment contract?

 

[army judge]

Do you have a bona fide employment contract?

The OP indicated that she has no contract as an admin.

 

[Patricia_Young]

Sorry, missed that. Oops.

Then what AJ said.