Legal Question in Employment Law in California

Re: Termination

Labor Code Section 201 requires the employer to pay all wages due and payable at the time of discharge or layoff. However, there are some exceptions for seasonal workers, motion picture workers, and oil drilling employees.

Labor Code Section 203 provides a penalty for an employer's willful failure to pay wages as follows: the employer will have to pay that employee's daily wages from the date the wages were due up until the wages are paid or an action is commenced up to 30 days of wages. Basically, you can receive up to 30 days pay as a penalty.

You may wish to write a letter to your employer advising them of the potential for penalties. If that does not work, you can file a complaint with the state labor commissioner (there are offices located throughout the state) in order to get your wages owed plus a possible penalty. You may also wish to consult with an attorney.

Re: Termination

Per Labor Code...Employer must provide e employee with the last paycheck upon termination..or they pay fine for each day they delay!!!!Contact me directly...I deal with these type of hour and wage law issues all the time.