Legal Question in Employment Law in California
One of my past employees is coming after me through the labor board. She gave me 2 weeks notice and she was paid on the first pay period after she left (which was 10 days later). She now claims that i owe her 10 days of salary because she wasn't paid on her last day.
2 Answers from Attorneys
Your former employee is correct. If an employee gives at least 72 hours advance notice of their resignation, the employer is obligated to pay all earned wages on their last day of employment. It is no excuse to wait until the normal payroll cycle. Read California Labor Code section 202.
Failure to pay wages when due subjects the employer to the equivalent of a day's pay for every day the wages are delayed, up to a maximum of 30 days (Labor Code section 203).
Mr. Kirschbaum is correct. I would just ad that the penalty for waiting for pay is calendar days, not work days. So if she had to wait ten work days, you actually are going to be hit with somewhere around 12-14 days of penalty.
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