CA residents: Is this illegal???
When you get fired, isn't the company supposed to pay you in full all monies owed to you? Or is it legal for them to give you your walking papers and then say "I'll send you your check in the mail"?
Originally Posted by Nightshade
Its legal.
Time to call up the Labor Board and file a claim. It is my belief that the employer will have to pay a full days pay for each day the discharged employee is forced to wait for the wages earned and unpaid at the time of discharge. Not only that, but a stiff penalty will be levied against said employer for being in obvious violation of this law.
**edit**
My belief is true! Per section 203 of the California Labor Code "If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. Suit may be filed for these penalties at any time before the
expiration of the statute of limitations on an action for the wages
from which the penalties arise.
Originally Posted by VRGNCD5
I disagree, but being that you were so matter of fact about it, it did put doubt in my mind so I did some research. Per section 201(a) of the Californian Labor Code "If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately."
Time to call up the Labor Board and file a claim. It is my belief that the employer will have to pay a full days pay for each day the discharged employee is forced to wait for the wages earned and unpaid at the time of discharge. Not only that, but a stiff penalty will be levied against said employer for being in obvious violation of this law.
Time to call up the Labor Board and file a claim. It is my belief that the employer will have to pay a full days pay for each day the discharged employee is forced to wait for the wages earned and unpaid at the time of discharge. Not only that, but a stiff penalty will be levied against said employer for being in obvious violation of this law.
So what happened anyways?
__________________
"I'll keep my money, guns and freedom. You can keep the "Change."
"I'll keep my money, guns and freedom. You can keep the "Change."
Originally Posted by Nightshade
You know after I posted this I thought about it too and came to the same conclusion. I have only ever been fired twice in my life and both times I was paid in full at the time I was fired. Sorry about that.
So what happened anyways?
So what happened anyways?
I know somebody who got fired yesterday and out of curiosity I asked what the amount was on thier final check, the answer was "they didn't give me one, they said they'd send it to me in the mail." I was like "WHAT????!!!!" I'm all "you know that's not legal, right?" Then only time it's ok for them to mail the final check is with written permission from the employee or if the employee quits and doesn't give at least a 72hr notice, but even then the check needs to be provided to the employee within 72hrs.
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