Legal Question in Employment Law in California
Termination paycheck....
I was terminated by a Company on August 14th of this year. The Company did not give my my final paycheck until the very next day - August 15th. I promptly deposited my paycheck into my bank account. About 5 days later the bank informed me that the paycheck had come back NSF-no funds! The bank re-deposited the paycheck and it came back a second time NSF on August 23rd. On August 24th I called the Vice President of the Company and he told me that the Company would then pay me cash. I received the cash on August 24th. I called the State of Califonia Labor Commissioner's office and I was informed that my former Company, by law, must make payment to me on the day of my termination. Any work day that passes without me having received my final pay, the Company is then entitled to pay me one day's wage. Even though my former Company gave me my final check the next day, the checks were not good. Therefore, the paycheck doesn't qualify as payment. My former Boss has told me that I don't have a legit claim because the Company made a ''good faith'' effort to pay me regardless whether the paycheck was good or not. Is this true?
2 Answers from Attorneys
Re: Termination paycheck....
-I do not believe the employer has a defense, however, you will have to go through the Labor Board to recover the penalty and it might not be worth the effort.
Re: Termination paycheck....
You previous employer is incorrect and the dept of labor is correct. They owe you for the time from when they fired you to when they paid you. You should file an action with the labor dept. Good luck-Martin
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