i was fired 3 months ago. my employer paid me what they said they owe me. 3 months later they call and say i have a check. do they owe me wages from the day i got fired to now

does my employer owe me wages from the date i was fired. which is 3 months later. they said they have a check waiting for me.

2 answers  |  asked Mar 26, 2015 9:21 PM [EST]  |  applies to California

Answers (2)

Marilynn Mika Spencer
Maybe. It depends on what the additional check is for.

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 calulated, some bonuses and perhaps other components. It does not include unused sick leave.

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 calendar 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  |  Mar 29, 2015 03:25 AM [EST]
Linh Nguyen
You may be entitled to what are called "waiting time" penalties if you were not paid all wages you were owed on the date you were fired. Waiting time penalties are calculated as the employees daily rate of pay times the number of days the employer is late with the payment up to a total of 30 days. And weekends count. Keep in mind that the employer may be excused if it has a legitimate defense such as a good faith dispute as to what is owed.

posted by Linh Nguyen  |  Mar 27, 2015 09:06 AM [EST]

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