Legal Question in Employment Law in California
CA based employee for CO based company, so I fall under CA Labor Law. I will be resigning this Friday the 22nd at 6pmPST. They have 72 hours to pay me my final wages (I stated they need to be mailed to my home address). Is that 72 calendar hours/days? Or working days? I assume calendar, and the wages are due by end of day Monday the 25th? I assume dropping it in the mail and time stamped by that time is within the time frame. If they DO NOT pay in time, they are penalized and I am owed my daily rate, up to 30 days? Also, I may hire counsel to retrieve unpaid wages and THEY are responsible for attorneys fees? Thank you so much for all the help! I am working for a company who has historically tried to screw the employees over, so just want to know my rights.
2 Answers from Attorneys
If you quit without giving at least 72 hours' notice, your employer has 72 hours to make your check available to you. If they "willfully" fail to pay your wages, including any earned and unused PTO or vacation (not sick leave) the law states that you are owed one day's pay for each day you have to wait to be paid and your former employer "shall" pay your attorneys' fees. If you give at least 72 hours' notice, they must have your check ready on your final day. The hours for notice and the days for waiting time penalties are simply regular hours and all days, including nonworking days, etc.
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