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no final paycheck

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My son was recently let go from his job on the third day of a new pay period with no warning. His boss handed him a check and said it was severance pay. The check was not a payroll check, had no pay dates on it and was for less than his salary for the previous pay period plus 3 days. When he called to inquire where his paycheck was, the boss would not come to the phone and had the secretary tell him the severance was it. Can they withhold monies he earned? What recourse does he have in California?


Senior Member
He was entitled to 2 days pay, plus any pay for the prior pay period he had earned and was not paid, and also to be paid for the hours he worked the day he was let go, plus any accrued vacation. That's it. He is not entitled to 2 weeks pay, or anything more than he'd earned absent an employment agreement, etc.

If he got less that he was legally entitled to, he could go to the State Department of Labor and Employment Security.

This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com

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