Legal Question in Employment Law in California

Final Payment

I was terminated on 11-27-02. I rec'd two checks - one pay period ending on 11-30 and another check that was verbally presented as one week severance, dated as pay period ending 12-8. I realized a week later that they had not paid me for the first seven days that I had worked. Their original excuse was their payroll service restrictions. I wrote a letter requesting payment. Their written response said that the severence check was actually payment for the seven days with held.

The check (manual) clearly shows the pay p.endg as 12-8 & they presented it as such, am I entitled to a weeks pay?


Asked on 1/28/03, 5:55 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Final Payment

As presented, yes you should receive the first week's pay, since severance pay was intended for a different purpose and was clearly marked as such. File a claim with the California Labor Commission and ask for waiting time penalties. That should get their attention.

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Answered on 1/29/03, 12:41 pm


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