Legal Question in Employment Law in California
Continued pay after employee termination
I quit my position in July, but the company has continued to direct deposit a paycheck into my account (2 so far). Additionally, they are delaying paying my final expense report for approved company expenses ($988.00)and insist they have a year to pay me.
They have not realized they are continuing to pay me salary. Am I under obligation to report it to them or can I keep quiet until they pay me my final expenses?
1 Answer from Attorneys
Re: Continued pay after employee termination
You should stop the continued pay immediately because you are not going to be able to keep it and this is going to create problems you do not need later.
By law, the employer is required to pay your expenses in a timely fashion and holding your money for a year is illegal. The California Labor Commission is the appropriate agency to file a claim for unreimbursed expenses. You should file a claim promptly. If they wish to use the money you were improperly paid to offset this debt, it is one way to settle your claim.
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