Legal Question in Employment Law in California

employer protection

upon termination of an employee, if employee was not present how long does employer have to give final wages?

is there any books or literature about employers protection?

is there such thing a employer being harrased by employee? and if so does the law offer any protection against such employees?


Asked on 2/01/06, 10:15 pm

2 Answers from Attorneys

Gregory Cartwright The Cartwright Law Group, APLC

Re: employer protection

This depends upon whether or not the employee was fired or quits. Essentially, if fired, the employer must pay immediately. If the employer fails to pay within a very short time, perhaps two days, but with some exceptions, then there are "waiting time penalties" which may apply. Also, an employer may not require that an employee sign any kind of release or waiver in order to get a final paycheck. You can contact me via email for more information.

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Answered on 2/10/06, 10:29 pm
Thomas Pavone Pavone & Cohen

Re: employer protection

To be clear, an employer must pay a terminated employee in full at the time of termination - there is no grace period at all. An employee who quits without notice must be paid within 72 hours and an employee who quits with at least 72 hous notice must be paid at the time they stop working.

The best resource for employers is The California Chamber of Commerce Labor Law Digest. It comes in a print and Electronic versions

I would need to know more information regarding employer harassment. There may be some protection, but I will need to know how you are defining "harassment."

TP

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Answered on 2/13/06, 2:15 pm


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