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California Termination pay

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  • California Termination pay

    In California regarding the retail segiment when an employee is notified that they have been terminated, how many hours does the employer have to issue the employee's final pay. I have heard within 24 hours, but I have also heard that California is "check in hand" state. What is true?
    Natsky1998

  • #2
    Final Pay

    The employer is supposed to give the employee his/her final pay at the time of termination if the employee was terminated involuntarily. In the case of a resigntion that was given 72 hours in advance of the final day, the employer must give the employee the pay on the final day. Otherwise, the employer has 72 hours from the date of resignation.

    Withholding pay can result in a penalty to be paid by the employer to the employee. So, be sure to file a wage claim if you are such an employee. If you are the employer, make sure that you pay the person on time.

    You can read more about filing a wage claim at: http://www.dir.ca.gov/dlse/howtofilewageclaim.html
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      Penatly Fees

      How much money may be entitled to the employee if he/she was terminated and not given their final paycheck until 4-5 days later?

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      • #4
        Originally posted by burtg
        How much money may be entitled to the employee if he/she was terminated and not given their final paycheck until 4-5 days later?
        Might buy you a pack of smokes and a 40 oz. beer.

        Actually I have no idea but I like the sound of that answer.

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        • #5
          Actually, my salmon friend, there IS a Waiting Time Penalty in California regarding final pay that is much better than a pack of smokes and a beer. However, the failure to pay must be willful, but the state is pretty lenient when it comes to defining that term. See here:
          http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm

          BTW, there are exceptions to the "check-in-hand" rule for certain industries, but retail is not one of them.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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