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CA - last pay check due at terminination ? ability to file for unemployment

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  • CA - last pay check due at terminination ? ability to file for unemployment

    I was terminated today from a company where I was employed for 4 months. (start date 6/13) I was given a General Release form - providing for 21 days consideration to sign plus 7 days to revoke ( California resident 42 yrs old ) .

    My active last day was today 10/19 - with regular pay on 10/21. In addition -I was given 2 weeks severance - paid on 11/4. Vacation to be paid 11/4.

    Part of the form concerns me - " ...further agree not to sue...file of any claims of any kind..."
    Does that mean I cannot file for unemployment?
    Shouldn't I have received my last paycheck -and vacation - today?

    Also - my contract stipulated " The Sales Commission payout for the first twelve (12) months of employment will be guaranteed for $20,000" - since commissions are paid quarterly, shouldn't I be entitled to the Q3 bonus? (25% of the original $20,000)

    Thank you for your assistance..
    Last edited by mettmann; 11-10-2005, 02:30 PM.

  • #2
    If they are paying you severance through 11/4, you would not be eligible for UI benefits until your severance pay runs out. In my experience, the statement of "no claims of any kind" does not normally apply to UI benefits, since these are provided by law, not by contract.

    However, I recommend you take the agreement and your commission plan document to a local attorney for review before you sign anything. You can also discuss the commission issue with the state Division of Labor Standards Enforcement; in California, if you have earned it at the time of your termination, they may consider that vested wages also, but it is going to depend on the details.

    Regarding your final pay, it sounds more like "salary continuation" than severance pay, in reality and it is probable that they will show your termination date as 11/4, not 10/19. Check with your HR Dept. to confirm your official termination date.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thanks for your quick response! The last active day on my "cover letter" of my general release was for 10/19. Based on that date - shouldn't the final pay and vaca (not including the 2 weeks severance) been given to me yesterday? - Can I at least apply for UI prior to the first week I may be eligible? (11/4)

      Thank you again..

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      • #4
        an update - I was told by the GM/VP that the "The Sales Commission payout for the first twelve (12) months of employment will be guaranteed for $20,000" statement in my contract was based on a continuous 12 months of employement - that bonus were a "hold-back" - something that was never explained to me - nor did I sign a document acknowledgment of a yearly bonus.

        I have leveraged those points- and have asked them to reconsider based on those grounds - plus other points in the plan that I want negotiated..

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        • #5
          Your last day of "active employment" and the official termination date may not necessarily be the same thing. However, as I said earlier, if the official termination date was 10/19, then your final wages and vacation should have been paid on that date. Again, check with HR to find out what they are going to show as your official termination date. You can file for UI now, but you won't be eligible until your severance runs out, regardless.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            my official date was 10/19 - an oversight on their part obviously.. and paying it until 11/4?

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            • #7
              Not necessarily. With an official date of 10/19 you should have had your check that day, along with your accrued vacation. You can file a claim with DLSE for that now.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                what should be the Final Update:
                I negotiated and will receive a portion of my guaranteed bonus - that was orginally excluded - due to their counsel’s stipulation that I had not worked a full 12 months.
                Although my term date was 10/19 - I'm being paid thru 11/4 as severance. My vacation pay being paid out this Friday with what was pay day.

                Thanks again for coaching me thru this!

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                • #9
                  No problem. You appear to be a good negotiator!
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Update - CA - last pay check due at terminination ? ability to file for unemployment

                    well...

                    As of today -11/10 - I have yet to receive my remaining one week of severance that was due thru 11/4 - as well as the $4000 commission that was agreed upon on a revised Severance letter dated 10/26. I signed and refaxed that letter as acknowledgement that day.

                    If you read my previous post - I agreed to having them give me my vacation pay on 10/28 - the normal pay sch for them - in hindsight , maybe I should have demanded my vaca pay retro to the 19th?

                    I received an email from HR on 10/31 that my severance and commission was to be paid out - once they received the signed original General Release that was given to me on 10/19 ( this was the first time I was told this ) . They receoved the original GR form the following day - 11/1.

                    I would presume that I am entitiled to a waiting time penalty for the severance pay as well as commission ?

                    and as a clarification - I would be getting UI benefits ( I had already gone thru the phone interview ) starting ______ ?

                    I have sent various emails to both HR and the VP - and no response on status.
                    Thanks !!- this is very frustrating - and highly unprofessional on their part.

                    Comment


                    • #11
                      Nope, you are not entitled to waiting time pay for severance, since severance pay is not required by law to even be offered.

                      Re UI, here is some info (well, a lot of info):
                      http://www.edd.cahwnet.gov/fleclaim.htm
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment

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