Legal Question in Employment Law in California
Teminated Employee Final Pay not Time Card
In California if a person quits or is terminated and the employer does not have the employee's time card due to the employee not turning one in, what is the employer's options and what does he legally have to do for the employee who refuses to turn in a timecard. Employee has filed suit to claim he wasn't paid for his final paycheck. What recourse does the employer have.
2 Answers from Attorneys
Re: Teminated Employee Final Pay not Time Card
If an employee quits without notice, the employer has 72 hours to pay all wages due the employee. If the employee is terminated, the employer must pay the employee all wages due on the day of termination.
Furthermore, it is the responsibility of the employer to keep track of the hours the employee works. The fact that the employee failed to turn in a time card is no defense to a failure to pay, unless it is claimed that the employee did not actually work the hours the employer is being sued for.
The employee should have been paid for the hours that are not in dispute. If there is a dispute over some of the hours, that should be left for the Labor Commissioner or a judge to decide. Or, settle the case.
Re: Teminated Employee Final Pay not Time Card
-Upon the termination of an employee, the employer must remit all sums that he knows he owes the employee. If the employee prevents you from giving him the check, you might have a defense against waiting time penalties.
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