Legal Question in Business Law in California

A discharged employee must be paid all earned wages immediately (CLC Section 201). Wages due include any earned but unpaid wages, including earned commissions, and vested but unused vacation unless otherwise provided by a collective bargaining agreement. If an employer willfully fails to pay any wages of an employee who is discharged or quits, without abatement or reduction, within the time periods previously noted, waiting time penalties may be assessed. The penalties are the equivalent of the employee�s per diem wage rate, at the rate in effect when payment was due, and accrue for each calendar day the wages remain unpaid or until an action therefor is commenced. The penalties shall not continue beyond 30 days. Additionally, a terminated employee cannot increase the amount owed to him by avoiding the employer or refusing to receive payment of wages fully tendered to him (CLC Section 203).

A violation is regarded as �willful� when an employer intentionally fails to pay wages to an employee when those wages are due. A �good faith dispute� that any wages are due will preclude an award of waiting time penalties to an employee. A good faith dispute occurs when an employer presents a defense, based in law or fact, that if successful would preclude any recovery by the employee. Consequentially, an employer that can show a good faith belief that wages were not owed may prevail in a claim for waiting time penalties, even if it is unsuccessful with the anterior wage claim (Title 8, California Code of Regulations, Section 13520).

Best of luck,

Bryan

Yes, file your claim with the Labor Commissioner. If you need legal help with the hearings and trial, feel free to contact me.