I was forced to resign. I was presented a final paycheck at the time. It bounced and I was charged the fees on top of being issued a bad check. I live in California. If I was forced resign; when is my pay legally required to be provided?

I was allowed to resign in lieu of dismissal last week on Friday. I attempted depositing my check but there were issues at the teller so they had me deposit via ATM. There was a hold and then they returned the check today (Wednesday). Now I they owe me my final pay, the 2 weeks in lieu of notice, my floating holidays, and my vacation pay. What is the requirement for when they must pay me? Since the check bounced; does that reset their clock since they'll claim they made a good faith effort?

1 answer  |  asked May 4, 2016 11:27 AM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
California law requires employers to pay an employee's final wages at the time the employer ends the employment, or within 72 hours if the employee resigns without giving 72 hours notice. "Final wages" consist of regular pay, overtime pay, accrued and unused vacation pay, commissions that can be calculated, some bonuses and perhaps other components. It does not include unused sick leave.

If the employer ends the employment, the payment must be made at the place of termination.

If the employee quits without giving 72 hours notice AND does not request that final wages be mailed to a particular address, then these payment must be made at the office of the employer within the county where the work was performed.

If an employee previously authorized direct deposit, that authorization is immediately terminated when an employee quits or is discharged, and the employer must make the final wage payment as above UNLESS the employee voluntarily authorized the direct deposit AND the employer makes the payment on time, as described above.

If the employer does not pay as required, there is a penalty against the employer and in favor of the employee: the employee’s pay continues as if the employee were still working, every day until the employer pays in full, up to a maximum of 30 days. The employee is entitled to interest at 10 per cent per annum on the unpaid amount. Also, if the employee must go to court to get his or her pay, then the employee is awarded reasonable attorney’s fees and costs of suit.

You can file a claim for your unpaid wages + the penalties + the interest with the Division of Labor Standards Enforcement. The Division of Labor Standards Enforcement (DLSE) is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a wage claim is here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.

posted by Marilynn Mika Spencer  |  May 7, 2016 4:49 PM [EST]

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