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CA--Unpaid wages at time of layoff California

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  • CA--Unpaid wages at time of layoff California

    Hello there--

    I was officially terminated on a Monday. I was told that because I made the decision to choose severance "late" (the Wednesday before) and because they were working on giving me an unpaid bonus that I have been owed for over three months, that my final check would not be given to me until Friday (four days after I was terminated). I am familiar enough with CA labor law to know that they should have technically paid me that Monday...but I didn't push it. Now, come Friday, I was paid 8 hours under what I should have been paid...and was also not paid my annual bonus that was due to me three months earlier (another issue that I have addressed in a separate post).

    My question is, am I entitled to unpaid wage penalties beyond those four days? Or does a bonus not count as regular wages, even though I was contractually owed this bonus? Alternatively, am I perhaps entitled to the unpaid wage penalty because I was paid less 8 hours that I worked?
    Last edited by mdeezy; 05-06-2010, 01:22 AM.

  • #2
    The waiting time penalty is not automatic. You can make the argument, but CA-DLSE stills gets to choose whether or not THEY think that the penalty is owed. You generally should concentrate on getting the wage paid first.

    http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm

    Assessment of the penalty is not automatic however, as a "good faith dispute" that any wages are due will prevent imposition of the penalty.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Bonuses are only due and payable when they "normally" would be due & payable. They are under no obligation to expidite them.

      You are only due wages & unpaid/accured vacation/PTO upon termination of employement.

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      • #4
        Receiving penalties under the law is not like winning the lottery. They are there to encourage employers to do the right thing, when choosing to NOT do the right thing.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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