Legal Question in Employment Law in California

If he has company property to return, he must do so or get sued. Technically, the employer should timely send any checks due, but could withhold the cost of uniforms or other property not returned. He is not obligated to sign any releases, and should not sign any legal document without reviewing it with an attorney if it is not completely clear. Keep a copy of what is signed. If he does not get his checks, he can file a claim with the Labor Commissioner.

California Labor Code section 201 states: "If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately." Your brother should have gotten his final paycheck on the day of his termination. That being said, the employer may be able to withhold the cost of uniforms.

Also, California Labor Code section 206.5 states: "An employer shall not require the execution of a release of a claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of those wages has been made. A release required or executed in violation of the provisions of this section shall be null and void as between the employer and the employee. Violation of this section by the employer is a misdemeanor."

This means that the requirement of a release is unlawful and, indeed, can constitute a criminal violation.

The former employer seems completely in the wrong in dealing with the paychecks and release issues. Tell her about these statutes and she might change her tune.

Good luck.