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CA--Unpaid wages at time of layoff California

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  • CatBert
    replied
    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.

    Leave a comment:


  • christamcd
    replied
    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.

    Leave a comment:


  • DAW
    replied
    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.

    Leave a comment:


  • mdeezy
    started a topic CA--Unpaid wages at time of layoff California

    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.
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