Legal Question in Employment Law in California

Receipt of final check after being fired

I was fired yesterday from an IT services sales job. I had sold very little but never had a written performance plan nor any advance written notice of the company's intent to terminate me with cause. Although the position was sales oriented, I assisted my boss with many other activities, which he asked me to refrain from telling the company owner. A) Is the termination legal? (There is no discrimination.) and B) When can I expect my final check including the 2 weeks' pay that I have been promised? (They did not ask me to sign any kind of release.) Should they not have paid me yesterday? Thanks


Asked on 6/27/06, 1:52 pm

1 Answer from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Receipt of final check after being fired

Subject to a limited number of exceptions that do not appear to be applicable here, California law presumes that employees of private companies are "at will" employees. You admit that there is no discrimination, so there does not appear to be any other reason why you termination would be illegal. While your situation is unfortunate, the law does not provide you with a remedy for the termination.

Your termination paycheck should have been provided to you yesterday. You have the option of filing a complaint with the labor board if does not arrive shortly. In some cases, you can even recover delay penalties equal to a full day's salary for each day the final paycheck is delayed.

Read more
Answered on 6/28/06, 3:25 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California