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Where is "Place of Termination" California

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  • DAW
    replied
    From what I have read, the payment must be "available" either 24 hours or 72 hours (depending on fired vs. quit, and the amount of notice given). Example, Bob comes in roaring drunk and quits. The employer legally has 72 hours to issue the check, so CA rules are not always "same day". However, Bob comes in roaring drunk and gets fired, then the check is due the same day.

    If the employer hands the check to the employee, that is "available. If the check is postmarked by the correct date, that is "available". If some other means is used, then who knows, because those are the only methods that I have actually seen opinions on. I have always assumed that FedEx is the same as the postmark on U.S. Mail, arguably even better since there is that automatic tracer. Holding the check for a few days and then mailing it risks the argument that the check was not actual "available" on the correct date.

    Assuming that the employer is not playing games, physically handling the check to the employee is a good thing, because it at least gives the chance of an exit interview. Mailing (by any means) is always problematic because employees often seem to think that it is not important the employer actually have a valid address. I always hate mailing checks (for any reason) because such a high percentage fail to delivery. Historically at jobs I have worked, 3%-5% of all checks mailed either fail to deliver or are seriously late. Checks are evil. Plus any employer who plays games with terminations, especially in CA, is seriously out to lunch. Many/most terminations are unpleasant. Playing games with the final check greatly increases the chance of a CA-DLSE hearing later. Why bother? Just keep things as professional as possible. Treat the terminated employees the same way you want to be treated when your time comes.

    Since the OP is the employee in the question, the OP should look at the cited delivery method to find out when the required send date is. Then the OP needs to check the postmark or other send date to see if the send date requirement was complied with.

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  • christamcd
    replied
    Originally posted by DAW View Post
    CA law does not say that you must receive the payment by the day of termination.
    I assume above is only related to those who do not work at the place of buisness. Meaning out of office employees must have their final pay post marked day of termination. But those who work in the office must recieve their pay the day of termination?

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  • DAW
    replied
    Originally posted by Bjmn View Post
    I live in California and telecomute from my home on a daily basis for a Washington State employer. Since I reside and work from California, do the California Labor Laws apply for the Washington State employer regarding my employment?
    The work was done in CA, so CA labor laws certainly apply. If WA wanted their laws to also apply, then WA laws could also apply, but WA cannot make CA laws go away, and it would be unusual for WA to have an interest based on what you have said. Still, I am not a WA expert. Anything is possible.

    Originally posted by Bjmn View Post
    For the purposes of either voluntary or involuntary termination via telephone, email or letter, is the "place" of termination my home office in California?
    I do not understand the question. CA law does not care about the "place" of termination.

    Originally posted by Bjmn View Post
    If the "place" of termination is my home in California, must my final check be received at my home on the day of termination if the company terminates me?

    What if I voluntarily quit?
    Not exactly. If you are fired or quit with at least 72 hours notice, then the check must be postmarked on the day of termination. CA law does not say that you must receive the payment by the day of termination. If you quit with less then 72 hours notice, then the check must be postmarked no later then 72 hours after the day of termination.

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

    Leave a comment:


  • Bjmn
    started a topic Where is "Place of Termination" California

    Where is "Place of Termination" California

    I live in California and telecomute from my home on a daily basis for a Washington State employer. Since I reside and work from California, do the California Labor Laws apply for the Washington State employer regarding my employment?

    For the purposes of either voluntary or involuntary termination via telephone, email or letter, is the "place" of termination my home office in California?

    If the "place" of termination is my home in California, must my final check be received at my home on the day of termination if the company terminates me?

    What if I voluntarily quit?
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