Legal Question in Employment Law in California

Re: Upon termination

Under California law, an employer is required to pay an employee immediately at the time and place of dismissal. If you quit, the employer has 72 hours to pay. If you are not paid, and make a claim with the Labor Commissioner, the Commissioner can require that your salary continue as a penalty until you are paid (up to 30 days of pay). Included in wages is pay for any vacation time you accrued and did not use for the previous two years (an employer can not refuse to pay for unused vacation time).

Re: Upon termination

This assumes California law applies. Generally an employer must pay an employee in full at the time of termination (Labor Code Section 202). Labor Code Section 203 provides a substantial penalty (up to 30 days pay) for failure to timely pay a terminated employee. However, where an employee's wages are based upon commission, the employer will be allowed a reasonable period of time to calculate and pay a commission. While there is no specific definition of reasonable, it the payment is more than 30 days - post termination or is beyond the period in which the employee would be paid for commissions had he or she not been terminated, there may be a violation. The Labor Commissioner will handle such claims.