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When the Employer Terminates the Employee California

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  • When the Employer Terminates the Employee California

    thought this information might be useful to everyone, always looking to help

    When the Employer Terminates the Employee

    If the employment relationship ends because the employer terminates the employee, lays them off, or otherwise lets them go, the employee's final paycheck must be provided to them on their last day of work. (Labor Code 201.) The employer is subject to various penalties if it waits until the next regularly scheduled payday to pay the employee their final wages. (Labor Code 203, 210.)
    When the Employee Quits

    If the employee voluntarily quits, and provides at least 72 hours notice, their final paycheck is due on their last day of work. If the employee voluntarily quits and provides less than 72 hours notice, the final paycheck is due not later than 72 hours after notice is provided. Additionally, the employee can request that their final paycheck be mailed to them, and the mailing must occur within the 72 hour period. (Labor Code 202.)
    What Must be Paid

    All earned wages and accrued but unpaid vacation time must be paid to the employee. Vacation pay issues are discussed in the Vacation Pay area. Expenses, however, do not need to be reimbursed until the normal time for reimbursement occurs.
    Penalties

    Failing to pay wages when due can require the employer to continue paying the employee wages on a day-to-day basis, for up to 30 days, until the final paycheck is paid. Additionally, statutory penalties and attorneys' fees if a court action is filed may be awarded. (Labor Code 203, 218.5.)
    Last edited by cbg; 10-02-2007, 09:38 PM.

  • #2
    Posts such as this one or the one on the CA board are fine.

    The one you posted on the FL board was deleted since it encouraged posters to hire a specific firm, which is not permitted on these boards.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Follow up...

      Are CA employers also required to pay out paid SICK leave as well? Or does the rule only apply to paid vacation leave?

      Comment


      • #4
        I would have preferred that you open your own thread, or at least attach this question to one of your other two posts on similar subjects.

        However, no, sick leave is not vested in CA (or any other state to my knowledge). While CA law requires that you pay out unused vacation time, there is no such requirement for sick time.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

        Comment


        • #5
          Gray Matter......

          If an employee does not give notice that he/she is quitting (simply does not show up for work), how long does an employer have to issue a final paycheck? I noticed CA labor law states that the employer has 72 hours to send a final paycheck to someone who is terminated or voluntarily quits. But what about the gray period where the employer has no idea IF the employee is never coming back? Does the 72 hours begin at the first sign of a no-show employee?

          Comment


          • #6
            Tough call, and you'd probably better call the DLSE for a definite answer. But my opinion would be that at whatever time you consider that the employee is not coming back, given how stringent CA law is you are probably best off considering it a termination for job abandonment and send the final check immediately.

            Again, that is only an opinion based on my experience with CA, all of which was prior to 2000 when a number of laws were tightened up, and should not be considered as a final determination.
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment

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