getting paid after termination

ramirez302

I read that the California law requires that a terminated employee is supposed to be paid within 72 hours (3 days) of being terminated. I have yet to be paid in full. missing 31 hours from paycheck and the manager told me that I had to wait until the next pay period (which I quote from the ca law is "unlawful") would they have any reason why they didnt pay me. what the assistant manager has told me is that "she forgot...again" but she told me that she spoke with Pay roll and they told her they could not do it. why would pay roll have a reason to withold my check when i am sure they know it is against the law in CA. if she was telling the truth and didn't just forget (like she did with my other check that was missing 13 hours..and I know that one she forgot cause she flat out told me) what reason would they have to with-hold my check. I have bills that now have late fees because I did not get paid on time. this last check that I received in the mail was for only 17 hours....that barely includes the hours from the dec 15 pay period (the one she forgot to call in to pay roll)

Hatchetman

Take a look at California Labor Code Section 201 and 202. If you believe that your former emplyer is not in compliance with the relevant provision on termination and the final pay check, contact the Industrial Welfare Commission in Sacramento.

Pork

rameriz302: In accounting there are times when one can not just cut a check!! This period of time is Month or period close out and in this particular month it could be year end close outs. I can assure you the company is not behind causing additional issues and concerns with your "paid out" situation. I my self, last week I forgot an amount of time/money owed to a current employee. Unfortunately, when I caught the error it was beyond the deadline time set to get all known obligations into accounting. The entire check writting system was shutdown in order to close the books on the year 2002. In our case the accounts are still closed today. It looks like the check writing system will not be ready to roll out checks until close of business today. The individual was informed and accepted my apology and is waiting his check. I suggest you do the same, the company is not purposely trying to punish you. There is a ligitiment reason for their delays. Soon you will be through with that company and you should pick up on your life and move on as quickly as possible. Good Luck, Pork

San Francisco

It is true that in California, an employee must be paid all wages and all vacation,available and accrued at time of termination. If the employee quit without notice, the employer has 72 hours to pay same. Unfortunately, most judges who hear wage and hour claims do not care about the employer's operational problems and can assess penalities for the above failure to pay as required by law.

Elizabeth

ramirez302

oh im not about to get a judge involved, I was just corious about reasons that I was not paid in full until 9 days after I was terminated. I think pork answered the question. Thanks. in regards to just plain old forgetting, I do it, everyone does it, but to do it ALL the time when you are in the position of people's pay...it think that should be addresses. anywho....thanks, I just got paid in full today, unfortunately not it time to pay my phone bill, that is what has caused the problem here.