Did You Receive Your Final Pay After You Left Your Job?
The subject of receiving final pay is one that is covered by law and one that also depends on the integrity of the employer. California law is very specific about this subject. The conditions surrounding the employee’s departure from the employer is a determining factor.
Employees who are terminated by being fired or laid off are entitled to receive all of the wages due at the time of termination. All wages include earned, but unused vacation pay. Employers do not have to pay for any unused sick leave.
If the employee does not have a stipulated period of employment in writing and who quits without prior notice must receive wages due within 72 hours. They may request their final check be mailed to an address of their choice. The date of mailing is considered to be the payment date. If an employee gives a minimum of 72 hours notice of their intention to quit, then their wages must be paid on their final day at an office or agency of the employer in the county where the employer worked. Direct deposits are immediately stopped when the employee is terminated.
If the employee does not receive their final pay within the time frames specified above, the employer may be liable for paying the employee waiting time pay penalty. The penalty is calculated by multiplying the daily wage by the number of days the final pay is late up to 30 days. This is an incentive for the employer to make the final pay on time.
However, these penalties may be excluded and pay delayed if the employer can demonstrate that a “good-faith” dispute exists based on law or fact. A dispute may arise over hours worked, or unused vacation time due. The California law does describe the all of the reasons that would justify withholding wages due to a “good-faith” dispute.
Whatever wages are due and not in dispute must be paid without requiring a release of any type. If the employer refuses to pay wages that are not in dispute, then the “good-faith” dispute provision will not protect the employer from the waiting time penalty. It is possible that the “good-faith” dispute may be resolved in favor of the employer in which case the employee will not receive the disputed wages.
If you believe that you have not received all of the wages due to you in your final pay, then you can file a complaint with the Labor Commissioners Office in one of the many branches located throughout the State. A deputy commissioner will meet with you and your employer to reach an agreement on whether you are owed more wages. This office has the enforcement capability to ensure that you receive wages that are owed.
If you, or someone you know, are facing legal issues in the workplace United Employees Law Group has answers, Call Today for your free and confidential case review. Please feel free to CONTACT US with any questions about this blog or your exact situation.
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