Legal Question in Employment Law in California

payment upon termination

Under California law, upon termination of employment, when must an employer pay the employee for outstanding compensation owed? Is there a difference whether this owed compensation is salary or commissions based? Finally, based on the answers provided, is there is a distinction whether the employee working for the California firm worked outside of California? (i.e is the ruling based on the location of the employer or employee)?


Asked on 9/14/04, 5:56 pm

1 Answer from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: payment upon termination

Since I am only licensed in CA, I can only advise you as to California law. If you leave your employment by decision of the employer (fired) for example, he must pay you all due wages, ie., hourly or salary, including vacation earned, etc., on your way out the door. If you terminate your own employment, he must pay you within 72 hours in CA. Commissions may be paid differently. Cannot advise without additional information. Call if you wish to discuss.

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Answered on 9/21/04, 11:34 am


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