Legal Question in Employment Law in California
my rights
I am currently on disability. My employer terminated me over a month ago, and i never recieved my vacation pay. Now, they want to clear things up, and send me my check ( however, they say they sent the check out on July 11, with details surrounding my ''separation'' with the company), am I entitled to any extra pay, due to the negligence of the company? Also, can I legally be terminated while on state disability? ( according to them, i was terminated on july 08....and it is now august 22....the check should have been in my hands no later than 72 hours after my ''separation'' from the company).
2 Answers from Attorneys
Re: my rights
According to the labor code, employers may be liable for the equivalent of a day's pay for every day the final paycheck is late, up to a maximum of 30 days, if they "willfully" fail to make the final payment.
It is not clear in your case whether the employer willfully failed to pay, but from your description, it sounds as though there was no justifiable excuse. Also the time starts to run from the date they terminated your employment, not 72 hours after, which only applies to employees who quit without notice.
Whether it is worthwhile to file a claim with the California Labor Commissioner, is a decision you must weigh. It will take time and you will lose any chance of a favorable recommendation on your resume. But if the money is important, go for it.
Being on state disability is not a guarantee of job protection, unless you were covered under the state of federal medical family leave laws or the employer was aware that you are disabled and you requested a reasonable accomodation. If you think that is the case, you should schedule an appointment with a labor law attorney in your area.
Re: my rights
A complaint should be filed with the Labor Board re not receiving your paycheck and/or vacation pay on the day you were terminated and yes, they can penalize the company. Regarding their termination of you while on disability...Must have much more info. Call 800-685-6950
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