Termination and Final Pay

[lljnapa]

What is the name of your state? CALIFORNIA

I understand that there are penalties that can be imposed on an employer if a final paycheck is not provided to a terminated employee within 72 hours.

My questions regarding this are:

If the employee is terminated on a Friday, when does the 72 hour period end? Do the weekend days count as work days?

How are the penalties imposed on the employer? Would the terminated employee need to contact someone/an agency, and if so, whom/which agency?

Please provide any other information pertinent to this situation that would be helpful.

Thank you!

 

[cbg]

I'm checking on the answer to your first question and will respond as soon as I have an answer.

The employee would contact the state DOL.

If I knew whether you were the employer or the employee, it would help to determine what, if any other "pertinent" information I should be researching.

 

[JETX]

I understand that there are penalties that can be imposed on an employer if a final paycheck is not provided to a terminated employee within 72 hours.

In California, final paychecks depend on the quit notice or discharge:

Discharged pay immediately: All of your earned and unpaid wages, including accrued vacation pay, are due and payable immediately.

Quit within 72 hours notice: An employee without a written employment contract and who gives at least 72 hours notice of intention to quit, and you quit on the day given in the notice, you must be paid all of your wages, including accrued vacation, at the time of quitting.

Quit without giving 72 hours notice: An employee without a written employment contract who quits without giving 72 hours notice, must be paid all wages, including accrued vacation, within 72 hours of quitting. The employee may return to the office of the employer 72 hours after quitting and request final payment, or may request that the final payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the time of quitting.

If the employee is terminated on a Friday, when does the 72 hour period end? Do the weekend days count as work days?

See above. And no, 'days' are business days.

How are the penalties imposed on the employer? Would the terminated employee need to contact someone/an agency, and if so, whom/which agency?

Yes. You would need to file a complaint with your state employment/labor agency. And the penalty is pretty beneficial to the former employer.... a continuation of the employee’s wages on a day-to-day basis until the final paycheck is ready, up to a maximum of 30 days.