Q: Placed two weeks notice and didn’t receive final paycheck until 11 days after last scheduled day of work. Compensation?
Notice was placed 4/2/18, last scheduled day of work was 4/21/2018. Received last two weeks of work paycheck 4/26/2018 and accrued vacation check on 5/1/2018. Am I due 8 business days of wages or 10 days total of wages? I’ve emailed the store I worked at along with the benefits administrator in Southern California who forwarded my email to the Northern California Payroll Department on 5/1 and have yet to get a response. I did cite California Labor Code 201 and 203 in the body of my e-mail.
I plan on filing with the Labor Commissioner’s office If I don’t hear back from the company by Wednesday 5/9/2018.
A: Since you were terminated, your employer was required to pay you all wages due immediately. If your employer failed to pay, then as a penalty to your employer your daily wages continue to accrue from the date of your termination until they are paid (for up to 30 days). The penalty continues based on the actual number of days, rather than business days. The Labor Commissioner's office should be able to assist you in filing the appropriate claims. You also may want to consult with an employment lawyer to discuss your rights and options in more detail.
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