Can an employer use the defense that they weren't notified that I was terminated for not paying me my final paycheck?
it's not up to me to notify my employer of the laws they should already know the laws regarding final paycheck, nor is it my responsibility to contact the office and let them know that my foreman terminated me today and inquire about my check. I did contact the office numerous times during the week i was in the dark about my check and left messages for the payroll personal. I asked for my 7 days of the waiting time period penalty and they were saying they don't have to pay...
1 answer | asked Nov 8, 2016 6:42 PM [EST] | applies to California
Answers (1)
What a ridiculous "defense." Your foreman is an agent for your employer and when your foreman terminated you, your employer terminated you. Your final pay was due to you at that time.
California law requires employers to pay an employee's final wages at the time the employer ends the employment, or within 72 hours if the employee resigns without giving 72 hours notice. "Final wages" consist of regular pay, overtime pay, accrued and unused vacation pay, commissions that can be calculated, some bonuses and perhaps other components. It does not include unused sick leave.
If the employer ends the employment, the payment must be made at the place of termination.
If the employee quits without giving 72 hours notice AND does not request that final wages be mailed to a particular address, then these payment must be made at the office of the employer within the county where the work was performed.
If an employee previously authorized direct deposit, that authorization is immediately terminated when an employee quits or is discharged, and the employer must make the final wage payment as above UNLESS the employee voluntarily authorized the direct deposit AND the employer makes the payment on time, as described above.
If the employer does not pay as required, there is a penalty against the employer and in favor of the employee: the employee’s pay continues as if the employee were still working, every calendar day until the employer pays in full, up to a maximum of 30 days. The employee is entitled to interest at 10 per cent per annum on the unpaid amount. Also, if the employee must go to court to get his or her pay, then the employee is awarded reasonable attorney’s fees and costs of suit.
You can pursue your penalties and any unpaid wages through the Division of Labor Standards Enforcement (DLSE) without any cost to you. The DLSE is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a wage claim is here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.
You can pursue the penalties and any unpaid wages in Small Claims Court.
You can retain an attorney to pursue the penalties and any unpaid wages, though it might be difficult to find an attorney if all you have due is the penalties. The DLSE is a good option for you.
Good luck!
posted by Marilynn Mika Spencer | Nov 9, 2016 9:37 PM [EST]
California law requires employers to pay an employee's final wages at the time the employer ends the employment, or within 72 hours if the employee resigns without giving 72 hours notice. "Final wages" consist of regular pay, overtime pay, accrued and unused vacation pay, commissions that can be calculated, some bonuses and perhaps other components. It does not include unused sick leave.
If the employer ends the employment, the payment must be made at the place of termination.
If the employee quits without giving 72 hours notice AND does not request that final wages be mailed to a particular address, then these payment must be made at the office of the employer within the county where the work was performed.
If an employee previously authorized direct deposit, that authorization is immediately terminated when an employee quits or is discharged, and the employer must make the final wage payment as above UNLESS the employee voluntarily authorized the direct deposit AND the employer makes the payment on time, as described above.
If the employer does not pay as required, there is a penalty against the employer and in favor of the employee: the employee’s pay continues as if the employee were still working, every calendar day until the employer pays in full, up to a maximum of 30 days. The employee is entitled to interest at 10 per cent per annum on the unpaid amount. Also, if the employee must go to court to get his or her pay, then the employee is awarded reasonable attorney’s fees and costs of suit.
You can pursue your penalties and any unpaid wages through the Division of Labor Standards Enforcement (DLSE) without any cost to you. The DLSE is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a wage claim is here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.
You can pursue the penalties and any unpaid wages in Small Claims Court.
You can retain an attorney to pursue the penalties and any unpaid wages, though it might be difficult to find an attorney if all you have due is the penalties. The DLSE is a good option for you.
Good luck!
posted by Marilynn Mika Spencer | Nov 9, 2016 9:37 PM [EST]
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