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Employee Pay California Job

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  • Employee Pay California Job

    If an employee abandons their job, can an employer wait until the next pay period to pay them or are they required to pay immediatley??

  • #2
    per my payroll guide california law states , if an employee quits you have within72 hours
    COLOR=Navy]Peterpam[/COLOR]

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    • #3
      Fine?

      Can the State impose a fine if the company does not comply??

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      • #4
        the wages of the EE continue as a penalty from the due date if the employer wilfully fails to pay thereof not to exceed 30 days, the EE can then file a suit against the company, the best thing is just pay the EE and be done with it please refer to Labor Code Sections 201 -203
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        • #5
          Job abandonment is normally treated as a voluntary resignation. Accordingly, the 72 hours time frame is correct.
          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
            Re: Job Abandonment

            We had someone quit over the phone with no notice. They just screamed I quit and hung up. We weren't sure what to do about their final check. They never communicated when they would come in to get it or if we should mail it. We finally turned the hours into the payroll company in the next payroll run and still didn't hear from them so we just mailed it to their address. If they had come into the shop we would have been glad to give it to them sooner. They just never requested it. What are our legal obligations under this situation?

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            • #7
              The fact that the ex-employee did not request the check did not relieve you of your legal obligation to provide it. The proper thing to have done would have been to issue the check by the 3rd day, then try to call the individual and tell them "Your final paycheck is ready. Do you want to come in and get it or would you like us to mail it?" If you couldn't contact them, then you would mail it to their last known address, certified, return receipt requested. That way you have done what you were legally required to do.
              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
                I agree with Pattymd, we as an employer are obligated to follow our laws, check should be cut within 72 hours, Employee contacted( if Possible) and sent certified and document it in the employee's file, every state has escheat tax regs. requiring employers to hold unclaimed and uncashed checks for a specified period of time (Ca. being 1 year) at the end of the period after the employer has attempted to contact the employee all monies must be turned over to the appropriate state agency,unclaimed checks should be booked to a seperate liability account for easy identification by company and state auditors ( these steps should take place only if the employee can not be located)
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                • #9
                  I agree

                  I'm on the other side. As an employee I gave my last employer a 2 weeks notice. Because there were so many people out in my department, they asked me to stay, however I told them I would extend my notice another week but that would be all I could do because I started a new job.
                  At the end of the 3 weeks I left and awaited my final paycheck. That was in the middle of July. The beginnng of September I finally contacted them and asked about my final paycheck. I was told that it was never cut and they had the corp office cut me a check and send it off to me.
                  They should have done that back in July especially since I went out of my way to accommodate their needs.
                  So my question here is, even though my final paycheck consisted of vacation and sick pay (they pay out when you leave) should'nt they have sent that check to me right away.
                  And, because my actual final paycheck wasn't sent to me but rather direct deposited into my bank account in the middle of August shouldn't that have been added to my pay out check that should have been sent to me in July?

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                  • #10
                    Originally posted by Pattymd
                    The fact that the ex-employee did not request the check did not relieve you of your legal obligation to provide it. The proper thing to have done would have been to issue the check by the 3rd day, then try to call the individual and tell them "Your final paycheck is ready. Do you want to come in and get it or would you like us to mail it?" If you couldn't contact them, then you would mail it to their last known address, certified, return receipt requested. That way you have done what you were legally required to do.
                    I had thought that when reading the CA regulations that the employer is not responsible to contact the employee, that the employee is required to come into the shop and pick it up if they haven't provided any final instructions on where to mail their check. (?)

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                    • #11
                      smallbusinessman, the employee may request mailing, but there is no law that says the employee MUST come and pick up his check. How is the employee to KNOW when and where to get his check? You're grasping at straws here. Just do the right thing and nobody can come back at you.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Originally posted by Salesgirl
                        I'm on the other side. As an employee I gave my last employer a 2 weeks notice. Because there were so many people out in my department, they asked me to stay, however I told them I would extend my notice another week but that would be all I could do because I started a new job.
                        At the end of the 3 weeks I left and awaited my final paycheck. That was in the middle of July. The beginnng of September I finally contacted them and asked about my final paycheck. I was told that it was never cut and they had the corp office cut me a check and send it off to me.
                        They should have done that back in July especially since I went out of my way to accommodate their needs.
                        So my question here is, even though my final paycheck consisted of vacation and sick pay (they pay out when you leave) should'nt they have sent that check to me right away.
                        And, because my actual final paycheck wasn't sent to me but rather direct deposited into my bank account in the middle of August shouldn't that have been added to my pay out check that should have been sent to me in July?
                        Yes, they should have paid you on your last day worked. You resigned with at least 72 hours notice. You MIGHT have a chance to get awarded waiting time penalties, but since you have already received the pay, late though it was, I'm not sure a claim for the waiting penalties would be very high on the DLSE's priority list.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          That really isn't the question. We already know what the nice thing to do and what the employer's responsibility is. The question is what is the employee's responsibilty to communicate where they would like their final check and if they fail to communicate that what does the law say?

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                          • #14
                            The law doesn't say. That's the point. The law says the employee is entitled to his final check within the deadlines legislated. If what you have to go through to attempt to meet the legal requirement is to contact the employee, then that's what you do. What I'm saying is that, even if the law doesn't specifically require a certain action, if you exercise due diligence and make the attempt, but the employee doesn't respond, then you have met the standard under the law; you have made the funds available and you have made the attempt to contact the employee and advise him of such. I don't mean to be argumentative here, but what difference does it make whether the law states or doesn't state the exact action? You already admitted you know what the "right" thing is; everything doesn't have to be codified into law.
                            Last edited by Pattymd; 09-21-2006, 07:43 AM.
                            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                            • #15
                              The employer has a responsibility to cut the check and have it available in 72 hours. Aside from one covering their butt my point is the employee DOES have a responsibility to communicate with the employer. No everything doesn't have to be codified by law but then most attorneys would disagree with you.

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