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Employer won't provide written notification of termination California

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  • Employer won't provide written notification of termination California

    I was informed over the phone that I was being laid off. I asked that my employer provide me written notification of the termination and he has refused to do so. This happened on Wednesday afternoon and I have not yet received my final paycheck and the employer has “gone dark.” Isn’t the employer obligated to provide written notification of termination? What should I do if I am not paid after the 72 hours?

  • #2
    You are not entitled to a written notice. But, in California, if they terminate you, they are supposed to pay you that day. If they don't, you have several options - you can file with the EDD, and I'll let others who know more tell you what else you can do. Technically, they owe you a day's wages for each day they didn't pay you, up to 30 days, but I don't know if filing with EDD will help you get that.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

    Comment


    • #3
      When is your actual last day going to be?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        California Code of Regulations, title 22, section 1089-1, subdivisions (d)(1) and (2) state in relevant part:

        "(d) When an employer discharges, lays off, or places an employee on leave of absence, the employer shall give to the employee the following notices:

        (1) Written notice of his or her unemployment insurance benefit rights by providing the pamphlet identified in subdivision (b)(3) of this section. The notice of unemployment insurance benefit rights shall be given no later than the effective date of the action;

        (2) Written notice regarding the change in the employee's status. The notice of change of status shall be given no later than the effective date of the action and shall contain at a minimum:

        (A) The name of the employer;

        (B) The name of the employee;

        (C) The social security account number of the employee;

        (D) Whether the action was a discharge, a layoff, a leave of absence, or a change in status from employee to independent contractor; and

        (E) The date of the action."


        Public utilities are the only employers required upon request by the discharged employee to give the employee a letter stating the period of service and the kind of service rendered by the employee. ("service" letter)

        add info: We still need the answer to Patty's question or have you already had your actual last day? Thanks.
        Last edited by Betty3; 05-14-2010, 10:53 AM. Reason: add info
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          last day

          Thanks for the follow-up. I was told over the phone that my last day was Wednesday (5-12) and that I would be paid to the 25th. I was also told that this was a Reduction in Force decision and was not performance based. I stated that I needed this in writing and followed up with an email to which I have yet to receive a response. I called yesterday and was told that a written notification was not necessary and that they would not be providing one. This is a Wisconsin based company and I have yet to be paid out or reimbursed for agreed upon expenses.....

          Comment


          • #6
            "Wisconsin based" is legally a "so what". If you personnally are a CA employee working in CA, then your employer is a CA employer subject to CA law (which Betty already mentioned).

            If the employer is paying you until May 25th, then the payment is due May 25th (as in not yet past due).

            Expense reimbursement is a little tricky. On the one hand, CLC 2802 makes it clear that business related expenses must be reimbursed. On the other hand, neither the law or CA-DLSE have ever spelled out exactly when the payment must be made. In fact, CA-DLSE has formally opined that expense reimbursements are not wages and are not subject to the CA rules on when wage payments are due.

            In the complete absence of any hard and actual rules, some people use a 30 day rule. Non-CA courts in a different context (federal UCC law) have decided that 30 days is a "reasonable" amount of time to pay a vendor, absent a contract to the contrary.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              Equipment

              One other component to this is that they ask that I send back the company owned laptop which I have no problem doing. I am hesitant to just run don and ship it off until this is completed? Again, thanks to all for the consideration in reading and responding to my post.

              Comment


              • #8
                You can't legally hold company equipment hostage in exchange for whatever. The employer could file criminal charges against you for theft. The same is true in reverse.

                Act in good faith and send the computer back following your last day of employment. If the employer refuses to provide you with the termination information and/or fails to pay you all wages owed (including earned but unused vacation pay which is required in CA), contact CA's DOL and file a complaint.

                Comment


                • #9
                  Agreed. Return all company property ASAP without conditions. Whatever the company does or does not do will in no way make your keeping company property legal. You want your hands as clean as possible if the situation ends up going legal.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment

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