Final Pay

[lljnapa]

What is the name of your state?undefinedCalifornia

What is the time frame for a former employer to submit a final paycheck to an employee upon termination?
I'm thinking 48 or 72 hours, yet I cannot find confirmation of this on the web.

Thank you!

 

[cbg]

If the employee is fired, or if the employee quits and gives more than 72 hours notice, then the final paycheck must be given to them immediately (i.e. on the last day of work). If the employee quits and gives less than 72 hours notice, then the employer has 72 hours to present the final paycheck. There are some industry-specific exceptions in the industries of agriculture, motion picture industry, or oil drilling. Final paycheck must include any accrued but unused vacation time. Cal. Labor Code 201, 202, and 227.3.

 

[lljnapa]

Thanks for your prompt reply!
What are the penalties to the employer if a check is not provided at the time of termination?
And, how long is a terminated employee expected to wait for a check to arrive in the mail?

Thanks again!

 

[rachels165]

I and the company I work for, are in New York City. My boss recently terminated an employee who worked from his home in California. We owe him a final paycheck but he still has company property (including, I believe, a laptop computer) which he has not returned. Can we withhold his final paycheck pending return of the equipment? Thanks!

 

[cbg]

Rachel, please repost in a separate thread. It's too difficult to respond to different questions regarding the laws of two separate states in the same one. Thanks. I'll wait right here to answer your question.

 

[lljnapa]

And....

... while you're waiting for Rachel to repost in her own thread, could you please answer my other questions above, cbg?

Thanks much!

 

[rachels165]

reposted in thread "Last paycheck for telecommuting employee" -- thanks!!

 

[cbg]

I'm checking with some California colleagues, lljnapa, and will get back to you as soon as I have a definite answer. CA law tends to be a little different than that of many states and I don't want to accidently steer you wrong.

 

[geryon]

From personal experience in CA:

Some 10 years ago, I resigned from a company and gave them 2 weeks notice. They did not have a check ready for me my last day and after more than a week, they had not mailed me one either. After calling them several times, I finally got my check. I got an imformation pamphlet from the California Labor Commissioner explaining the rules...which stated that the company would have to pay me as penalty my salary for each day that they had been late (including weekends). I filed the complaint for some 10 days of salary.

A hearing was scheduled by the Commissioner. A Commissioner representative, the company personnel rep, I and a recorder met in San Jose. The company had come with a check for the penalty that was less than what I asked for in that it did not include weekends and had taxes withheld. The Commissioner ordered the company to pay me the amount I had requested as weekend days do count in the penalty and since it is a penalty and not salary, additionally no tax deductions should be made. By the way, such a penalty is not taxable.

As an afterthought, wish I had not nagged them so much about sending my check...I could have collected more

 

[lljnapa]

CBG.. Do you have any info for me yet?

Just wondering if you were able to find out anything for me.

Thanks!

 

[cbg]

I had a couple of tentative "In my state it would be x, but I'm not sure about CA..." responses from some other HR people, but the very-knowledgable-about-CA-laws individual hasn't responded yet. I'll go light a fire under him.

 

[cbg]

I finally heard back from a friend who is the HR Director for a CA company.

She says that the law is silent on the issue of whether Saturday and Sunday (or non-business days) count within the 72 hours or not. She has always taken the position that 72 hours is 72 hours, and that it's better to be safe than sorry.

That's the best I can do.