Final paycheck and notice period

Latest post 11-09-2012 7:10 PM by Rohitsh. 22 replies.
  • 11-07-2012 2:04 PM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,406

    Re: Final paycheck and notice period

    To some extent it is to your advantage to shut up and let employer mess it up all by themselves --the CA law is pretty clear that employer must pay you timely  and failure to pay constitutes bad faith --plus it triggers a statutory 100% extra penality amount of each days wage for each day late up to 30 days



  • 11-07-2012 2:29 PM In reply to

    • cbg
      Consumer
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    • Joined on 12-21-2000
    • MA
    • Posts 6,825

    Re: Final paycheck and notice period

    Minor correction - the penalty pay is not guaranteed. The employee is free to request it, but the DLSE will decide whether or not to grant it, and they are far more likely to do so if the employee has attempted to work out the issues with the employer.

    Direct from the DLSE website (emphasis mine)

    An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. Mamika v. Barca (1998) 68 Cal.App4th 487 An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due. If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. However, a defense that is unsupported by any evidence, is unreasonable, or is presented in bad faith, will preclude a finding of a "good faith dispute". Labor Code Section 203 and Title 8, California Code of Regulations, Section 13520

    Notice that it says the penalty wages MAY be assessed, not WILL be assessed.

  • 11-07-2012 4:56 PM In reply to

    Re: Final paycheck and notice period

    Rohitsh:
    Just wanted to understand - what my rights are as an employee ... to get my final paycheck.

    I'm pretty sure I addressed this in my prior response.  The "offer letter" that you didn't sign doesn't seem the least bit relevant, and the communication from your employer sounds like sour grapes.

  • 11-07-2012 4:59 PM In reply to

    Re: Final paycheck and notice period

    Rohitsh:
    i will need myfinal paycheck and experience letter from my company right?

    Well...most people need their paychecks.  We obviously have no idea what you might "need" beyond that.  An employer isn't obligated to give a departing employee any sort of letter.

    And no, the written contract that you did not sign does not become binding just because you didn't raise any issues with its terms.

  • 11-07-2012 5:04 PM In reply to

    • Rohitsh
      Consumer
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    • Joined on 11-07-2012
    • CA
    • Posts 8

    Re: Final paycheck and notice period

    Thanks everyone! this helps.. appriciate it a lot..For now i am just waiting and will drop a mail to my employer on my last working day here asking for my last paych
    In case my employer called me in between and threaten me about the notice (which i did not signed huh) and ask for money as compensation, i will CLEARLY refused him

  • 11-07-2012 5:17 PM In reply to

    • Rohitsh
      Consumer
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    • Joined on 11-07-2012
    • CA
    • Posts 8

    Re: Final paycheck and notice period

     

    Do you believe that you have an employment contract with this employer?  Why or why not? Does the employer think that you have an employment contract?  Why?  If you had a contract it should likely have had a start date and an end date.  Do you have anything like that in your possession?

    ==> no i dont have employment contract. Its just my employer is saying that i did not raise any concern regarding offer letter (which i have not signed) means it is a contract..huh

     

  • 11-07-2012 8:31 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,406

    Re: Final paycheck and notice period

    Read the rules --its probably to your advantage to make a written demand for proper timely payment of final wages --that may trigger possible criminal sanctions possible  against employer if they fail to pay , see section 216.



  • 11-09-2012 7:10 PM In reply to

    • Rohitsh
      Consumer
    • Not Ranked
    • Joined on 11-07-2012
    • CA
    • Posts 8

    Re: Final paycheck and notice period

    Thanks guys. I just reminded them once and employer is on track :)

    Employer promised me to pay the final check with in a week of my relieving (which will be today eod) since they run payroll by mid of month

     

    Thanks for your advices and help..you guys are wonderful! God bless.

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