Company can write down any condition on the back of my last salary paycheck.

I left the company which I had signed non-compete contract and working still same client, since company didn't pay as they agree, cancel my medical coverage.
Now they sent me last paycheck after almost one month of my last date of employment and on back of Paycheck, they did hand written that "by encashing this check I( my name) agree that if I found on break of my contract i will pay company damages and lawyers fees." No company stamp or signature.
COmpany can write on keep any condition on back of my paycheck (salary).

1 answer  |  asked Sep 5, 2003 01:23 AM [EST]  |  applies to California

Answers (1)

Richard J. Vaznaugh
All wages due at severance

The California Labor Code requires that your former employer pay you all due wages (including vacation pay, OT etc.) immediately upon termination and within 72 hours of resignation and without condition. Because of the delay in payment you are entitled to Labor code sec. 203 waiting time penalties of 30 days of wages (i.e. your daily rate x 30).

I can't give you legal advice over the internet but based on the limited information you've given me, my opinion is to make copies, strike the language on the back, cash the check, and file with the your local California Labor Commissioner Office to recover the waiting time penalty.

As to the other issues, a non-compete is often unenforceable in California and you should have received notice of entitlement to COBRA continued health care benefits (premiums at your expense).

RV

posted by Richard J. Vaznaugh  |  Sep 5, 2003 05:46 AM [EST]

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