San Diego, CA asked in Employment Discrimination and Employment Law for California

Q: Hello i got layed-off and cut hours on march 20th over a text message and on march 23th i received my last check

I still didn't receive any paperwork

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: You have not asked a question so it is hard to know what you seek. I am sorry to hear you have lost your job. That is always difficult. However there are many positives for you at this time. First, the waiting period for unemployment insurance claims has been waived so you can immediately qualify. Second, it appears the UI benefit is being enhanced by recent legislation, and the length of time you qualify has also been increased.

Getting laid off by text is insensitive but not unlawful. The law requires the employer to pay the final paycheck on the last day of work. If you can establish that your final paycheck was not available at the place of work on that last day, you may be entitled to Waiting Time Penalties equal to one day of pay for those additional days you were made to wait, if you can prove the delay was willful on the part of the employer.

Good luck to you.

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