I've just recently been laid off from my job, luckily, I have been working another job so I'm not completely in the gutter. I was told by a friend that you get paid for everyday that you don't receive your last check from the employer that terminated you. So I'm guessing, that is something the government does. Does anyone know if this is true? If so, I do I go about collecting that payment?
2006-10-25 13:44:06 · 14 answers · asked by Cruella Twist 2 in Politics & Government ➔ Law & Ethics
The other's are WRONG!! You can receive payment if you do not receive your last paycheck when they terminate you.
An employer that terminates (fires or lays off) an employee must immediately pay the employee all of the
employee’s unpaid, earned wages (California Labor Code Section 201). This final payment must include wages
earned for days of work up to and including the last day of work, as well as payment for any accrued and unused
vacation time (see “Vacation Pay” below). It is unlawful for an employer that terminates an employee to withhold
final payment until the end of the pay period.
“Waiting Time” Penalties for Late Final Wages
An employer that willfully fails to pay all final wages to an employee within the time limits specified above
may be assessed “waiting time” penalties (Cal. Labor Code §203). If an employee files a claimfor unpaid
wages and penalties are assessed, the employer must pay the employee—in addition to the unpaid
wages—a full day’s wages for every day the wages remain unpaid. Waiting time penalties stop accruing
when a complaint for unpaid wages is filed with a court, but penalties do not stop accruing if, instead, a
claim for unpaid wages is filed with the Labor Commissioner’s office (see “Taking Legal Action to
Recover Unpaid Wages” below for further information). Regardless of the type of legal action taken,
however, waiting time penalties stop accruing when they reach the legal limit of 30 days’ pay.
2006-10-25 14:01:28 · answer #1 · answered by SJ_Girl 3 · 0⤊ 1⤋
California law states that you must be paid in a set amount of time. Unfortunately, layoff is not illegal and if CA is an at will state (I don't remember if it is), they don't have to have a reason to fire you. Without a reasonable reason though, you have cause for complaint to authorities and possibly unemployment. Perhaps the cheques were stolen, perhaps not. It would be worth the time and effort to report the incident to the DOL. Also, you might want to contact the BBB and the EEOC. If the company has fraudulent business practice, they may have already been reported. If not, it's easy enough to ask them to investigate. Maybe they can find out how you can get paid.
2016-03-19 00:05:19 · answer #2 · answered by Anonymous · 0⤊ 0⤋
I don't live in CA so I don't know the answer but here is another idea that you might want to check out. Here in North Carolina you can collect unemployment (as well as any severance that you may be getting) if you enroll in a college level course... They don't check to see if you actually attend so a small investment in signing up for a community college course could give you 26 weeks (or more) in unemployment... Check it out! Hope that this helps!
2006-10-25 13:51:21 · answer #3 · answered by Dan J 4 · 0⤊ 0⤋
If you got laid off then you should be eligible for unemployment, although they will deduct whatever money you're making at your second job (assuming it's not under the table.) In California they're legally obligated to have your final paycheck in hand on your last day. If they didn't I would call your former employer and tell them you want whatever money is owed to you immediately. You call contact the EDD for more info, here's the website...
http://www.edd.ca.gov/
2006-10-25 13:48:34 · answer #4 · answered by freshmode87 1 · 1⤊ 0⤋
In most states, the company has 7 days to get your final paycheck to you; depending on when your pay date is. Example: Pay date Friday 10/27...you get laid off on Monday 10/30. The company can hold off paying you until the next pay period if it is a weekly pay schedule. (Remember, you are usually paid a week behind!) However, most companies do have your final paycheck ready and waiting for you on your last day.
NO, you DO NOT get paid for every day that you don't receive your last check. That is just stupid.
2006-10-25 13:59:26 · answer #5 · answered by Sharpae 2 · 0⤊ 1⤋
In kansas you have to be unemployed for 14 days before you start receiving benefits for unemployment starting day 15.
I've lived in other states in which this law was duplicated.
Fortunately i haven't been unemployed long enough to receive benefits
go to your state website to find out for sure
2006-10-25 13:49:42 · answer #6 · answered by Da_Bears70 3 · 0⤊ 0⤋
You won't get paid anything if you're working another job. You only collect unemployment if you're not working at all.
2006-10-25 13:47:16 · answer #7 · answered by ? 4 · 1⤊ 1⤋
I worked there 2 decades and that never happened for me. Your last check is normally given at layoff, although smaller business may cut it on their next normal payday.
Maybe your friend was confusing things with unemployment or maybe they were just feeding you BS because some people think that is entertainment.
2006-10-25 13:54:44 · answer #8 · answered by kate 7 · 0⤊ 1⤋
No, I'm afraid that they only pay you for the time actually worked, although in a lawsuit you could demand interest.
2006-10-25 13:48:27 · answer #9 · answered by The Padre 4 · 1⤊ 1⤋
that is not true but since you were laid off you can go apply for unemployment which pays pretty good, unless you have another job already then you can not
2006-10-25 13:52:51 · answer #10 · answered by xoxo 6 · 0⤊ 1⤋