California Final Paycheck Law| California Labor Code 201| California Employment Attorney
Posted on Feb 4, 2011 9:13pm PST
California Labor Code section 201 requires that an employee receive all of their earned wages upon the date and place of discharge. Earned wages included earned vacation pay but not sick pay. Whether a California employee is entitled to vacation pay upon discharge will be determined by the employer. In other words, if you are discharged by your employer the employee will need to look to the employer and its policies on how vacation is earned.
A discharged or terminated employee is entitled to waiting time penalties up to 30 days if the employer fails to provide earned wages at the time of termination. Unfortunately, many out of state employers and smaller employers tend to terminate employees and fail to provide all earned wages upon the termination date. Many of these employers tell the terminated employee that they will receive their final paycheck on the next payroll cycle, which may be weeks from the termination date. This type of employer conduct is a violation of California.
If your employer has terminated you without providing you with your final paycheck containing all of your earned wages call our California employment lawyer today for a FREE consultation to discuss your employment rights.