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  #1 (permalink)  
Old 12-14-2006, 03:35 PM
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Join Date: Jul 2005
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Wages Owed

I live in CA.

I recently was let go. Last date of employment was 12/8/06. They call it "downsizing". I am owed wages for the previous two weeks. What are my rights in this situation?
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  #2 (permalink)  
Old 12-14-2006, 07:31 PM
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Join Date: Jul 2005
Posts: 146
Cool

Quote:
Originally Posted by gapandgam
I live in CA.

I recently was let go. Last date of employment was 12/8/06. They call it "downsizing". I am owed wages for the previous two weeks. What are my rights in this situation?

The California Labor board is extremely employee friendly. Employers are required to pay terminated employees all owed wages within three days of termination in CA. Failure to do so will result in serious penalties to the employer.

Recommendation:
1. Demand payment in full immediately (or within two days or something like that), and do so in writing. Tell them that if they don't, you'll take this to the labor board. Their counsel should understand the consequences of you doing so. Note: you are not required to sign anything or release them from any other claims in order to get your check, by law.
2. If they don't, call up the labor board in your city. Explain what happened, and work with whatever agent is assigned to your case to get it resolved.

Good luck!
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Old 01-14-2007, 02:38 AM
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I know this is old but he it goes anyway.

Since you were discharged, you should have been paid all wages, including any vacation, immediately at the time of termination. The "within three days" that expert talks about only pertains to an employee who quits. Even then, a quitting employee who gives at least 72 hours notice of his/her intention to quit must be paid in full immediately upon quitting. Back to your situation....you are owed a "waiting time penalty" since it is apparent that you were not paid immediately upon termination. http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
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Old 07-21-2009, 02:54 PM
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Unpaid Wages

This article is informative: Remedies for Unpaid Wages Lawyers
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  #5 (permalink)  
Old 07-21-2009, 07:00 PM
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Send a message via AIM to GentleGrace
Labor Code § 201 makes it mandatory except for few exceptions that all terminated employees be paid their wages immediately and upon discharge. Discharge is held to apply to termination of a project and not just situations in which the employee-employer relationship is terminated. Labor Code section 202 addresses the issue of payment of wages to employees who quit or resign. Under this code section, employers must pay all compensation to an employee who voluntarily resigns within 72 hours of resignation. Vacation pays which are owed to an employee will be treated as regular pay for the purposes of payment.
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