El Centro, CA asked in Employment Law for California

Q: Company won't give me my last paycheck

the company that I work for is closing my store for no apparent reason our last scheduled day of work is October 28th the company is refusing to give us our last paycheck on the last day. stated we need to wait 2 weeks. Also we have not been given any sick pay since law went into effect. And for several months the company wasnt taking taxes state nor federal out of my paychecks. Is any of this legal?

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1 Lawyer Answer
Francis X. Pray
Francis X. Pray
  • Newport Beach, CA
  • Licensed in California

A: California Labor Code Section 203 provides for 30 days of continuing pay as a penalty for failure to pay wages due at time of termination. Go to http://www.dir.ca.gov/dlse/howtofilewageclaim.htm to learn how to file a claim with the Labor Commissioner. Bankruptcy is a real risk in your matter. Wages are "unsecured claims" that is, without collateral. After the collateral is used to pay debts, wages receive first priority. The bankrupt creditor is required to list unpaid wages, and notify employees of the pending bankruptcy. As for taxes, you can claim a credit against taxes you owe in the amount of the taxes your employer should have withheld and paid, whether the company actually paid the taxes. Concerning sick day accrual, that accrual is not paid as "wages" at the time of termination. You can report this employer to the state and federal agencies, and they can bring actions to collect those funds. You should of course also apply for unemployment, and explain at the time of the application that if the funds are not recorded by account to the state agency, it is because the employer failed to make contributions.

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