Legal Question in Employment Law in California

The restaurant where i was full time salaried manager for 2 1/2 years was closed for a remodel that was scheduled to 2 weeks beginning on 12/10. The work, salaries and revenue lost was to be covered by insurance. The remodel has be delayed and is ongoing.

I recieved the first schedules paycheck on 12/20. The next payday was the 5th which passed without word despite repeated calls and texts to the owner. I finally got a meeting with the owner on the 9th when he laid me off sighting lack of funds and cutbacks. I was giving a check for my vacation time and was told i was laid off on 12/16. My question is can he lay me off 3 weeks ago and not pay me and what are my options? I have filed for umemployment but not sure if it can cover the time before i filed. Any advise would be greatly apprecited, Thank you in advance. Matt


Asked on 1/10/13, 1:06 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I assume you are in California.

If you are to treated as laid off as of 12/16, then your employer had a duty in full to pay you on 12/16. The employer's failure to pay you on that day will lead to penalties under Labor Code Section 203. Under that statute, you are entitled to collect a penalty from your employer in the amount of your daily wage for each day payment is late, up to a maximum of 30 days. The penalty can be collected in an action before the Labor Commission or in small claims court. Note that the Commission is part of the Department of Labor Standards Enforcement.

You can find more information about the California Labor Commission at http://www.dir.ca.gov/dlse/

In terms of unemployment, you should explain the situation to EDD -- what was the last day you worked, what pay period was covered by your last check, and that your boss says you were laid off effective 12/16. You should receive benefits from the last day of pay stated in the paystub for your final check.

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Answered on 1/11/13, 12:09 am


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