Two week notice and repay relocation.

I gave my two weeks notice and was walked out of the job that day and not paid for the following two weeks. Since California is a At-Will state am i legally obligated to repay my relocation expense which they asked for a month after i left the company?

1 answer  |  asked Nov 8, 2016 2:28 PM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
California's at-will policy is not the determining factor. What matters are the terms under which the relocation payment was made. If the payment required repayment, the terms should be stated in the original documents. Many employers require repayment if an employee quits without good reason before a certain length of time has passed or if an employee is fired for cause. If you have such a requirement and gave enough notice so that your repayment period ended on or before your last day, the employer cannot manipulate the dates so that you are now stuck with repayment. Also, if you were terminated by the employer bargaining unit not paid for two more weeks, you are probably owed waiting time penalties.

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.

posted by Marilynn Mika Spencer  |  Nov 9, 2016 9:49 PM [EST]

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