Legal Question in Employment Law in California

I was laid off with several coworkers. I was told that it was my final day with the company and that I would be paid through Oct 2 (two weeks). We were stripped of our badges, had to return company equipment and had to clean out our desks. We were escorted out the door. We were not given our final paychecks. When I contacted HR, I was told my last official day with the company is not until Oct 2, that I am still an employee, I just don't have to work or come into the office. I was also told that on Oct 2 they intend to make an offer for severance. It seems a very strange arrangement to me; while on the face of it it may seem nice, it seems to me I was clearly told I was terminated and that yesterday was my last day, and by law it seems I should have received my final pay with or without severance as the company pleases.


Asked on 9/19/14, 7:26 pm

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

You may be right, but what is the difference? If you get paid through October 2, that is money given to you without requiring you to work. And if you are offered a severance, that is also money that you get without having to work. The severance agreement will most likely require that you agree to certain terms, including a wavier of all rights whether known or unknown. If you believe you have any potential claims against your employer, call an employment law attorney to discuss. If you want to pursue a claim of untimely final paycheck that was "willfully" withheld, and you prevail, you can get one day's pay for each day you have to wait to receive your final check - up to 30 days. When you get your final check, count how many days after the date of lay off to see if a claim for waiting time penalties will be worth it. Call an employment law attorney to discuss. Kristine Karila, Employment Law Attorney

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Answered on 9/20/14, 9:58 am


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