Termination Pay--California
cptcpt
2 Posts
Hourly EE was term'd on Thursday. Recieved his final pay through direct deposit the falling Thursday. He is now calimin we owe him for those days not paid. Does California Law require immediate payment and if so is there a grace period???
Comments
In California, employees who are terminated must receive all pay due including vacation,both accrued and available at time of termination. If it is determined that an employer willfully failed to pay in a timely fashion, the employer may be subjected to a penalty consisting of continuation of the employee's wages on a day-to-day basis until the final paycheck is received - not to exced 30 days.
As an FYI, this is also true for employees who have given notice to quit. If no notice was given, you have 72 hours to pay the employee.
Elizabeth
If it doesn't happen the employee can go to DOL. You'd be fined. I'd pay for two more days and push out the date of term - it would be worth the sixteen hours.
The willful failure to pay a terminated or quitting employee in a timely fashion subjects you to a penalty consisting of continuation of the employee's wages on a day-to-day basis until the final paycheck is ready or a maximum of 30 days has elapsed. This rule applies to both exempt and non-exempt employees.