Termination Pay In California

[grnsmoke]

girlfriend was just fired from a restaurant, and would like to know the exact law concerning when she has to be paid by (how long they have), and if any issues regarding what pay she would be entitled to if the person does not pay her within this schedule.

IE, she has been calling him wanting pay, he blows her off and says come pick up a check. She hasnt filled out W-?? forms yet, he has been withholding taxes however. She was fired because of what i told the jerk after yelling at her, but thats a whole other story. Please help us screw this jerk over.

Also, please tell me what LEGAL WAYS I CAN PCIKIT HIS RESTAURANT, and WHAT CAN AND CANT BE SAID/DONE

thanks so VERY MUCH

 

[grnsmoke]

UPDATE

He hasnt offered her ALL of her wages, and the checks wont even be ready for the LAST pay period, which is the only check offered as of yet, until tuesday. She was fired saturday.

 

[loku]

As far as picketing, etc. be careful, you could end up with a defamation suit or a suit for intentionally interferring with business. If I were you, I would contact a local lawyer before doing any picketing.

As for the issue with the pay checks, every state has a law on that, but each state is different. If you let us know which state this is in, we can tell you what the rules are for the employer, what governmet agency she can report this to, and what damages she is entitled to.

 

[grnsmoke]

ok, thanks for the advice on picketing...i shant do it.
However, about the state that this is in: the title of my thread was TERMINATION PAY IN CALIFORNIA, so this is taking place in california

UPDATE:
she was paid for 3/4 of her earned total on 10am tuesday(7/10/01), after being officiallly notified saturday (7/8/01) 5PM of her firing as she walked into work. The guy did not pay the entire deserved wages, only the wages from the previous pay period (from which the workers were waiting for their checks), ALSO: he simply neglected to see, orignially, 6 hours from the pay period for which he WAS paying her. After pointing out this error, guy wasnt sure, called her wednesday(7/11/01) morning (9:00am) to notify her that a check for the rest of her hours was their waiting for her. She again had to notify him of the 6 hours missing. When she arrived to pick up the check at 3:00pm, all was good with the check and she was finally paid what she was owed buy the guy.

Question is: can she get any compensation wages for the time that he would have worked? We called to find out and they said we fill out a paper, but how REALISTIC is it that this guy will pay them? What is forcing him to? (her avg work / week = 20 hours/week)

how does the formula work for getting paid?


thanks very much for this... i will use this advice to advise myself of the proper decisions to make in this matter.