Q: Fired for no reason didnt get final check til a year later, can anything be done about that?

A: There is likely you have no recourse for being fired for no reason. In California you are considered to be employed at will unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee can terminate the employee for any reason or no reason at all.

As to not getting your final paycheck, you do have recourse. You have a right that money, and if you can prove the delay in getting that money to you was willful you can also receive Waiting Time Penalties of one day of pay for each day you were made to wait, up to a total of thirty additional days of pay.

There are several options available to you now. You can hire an attorney to negotiate payment, you can file a lawsuit (also best through an attorney) or you can file an administrative wage claim with the California Division of Labor Standards Enforcement.

The best first move would be to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

A: At a minimum, you should be entitled to the maximum waiting time penalties of 30 day's pay. Normally, you are entitled to 1 day's pay for each day late.

You can file a complaint with the Labor Commission or retain a lawyer to assist you. Attorney's fees are recoverable if you hire a lawyer.

As to any potential other claims, you need to consult with an employment lawyer. Most provide a free consultation.

A: There is not enough facts to understand whether your termination was legal or not. The general rule is in California, you are considered an at-will employee unless you have a valid contract to the contrary about your employment status. At-will employment essentially describes a working environment in which employers are free to change the terms of employment or terminate employees at any time, without cause, explanation, or prior warning provided it does not violate state and federal anti-discrimination laws.

As to the paycheck issue, In California, employees of private employers must be paid on the day of termination. If your employer was not an government entity, and you were not provided with your final paycheck on the day you were terminated, and you can prove the failure to timely pay you was willful, then you are entitled to Waiting Time Penalties equal to one day of pay for each additional day you were made to wait to get your final paycheck up to 30 days.

I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights.

Sincerely,

Maya L. Serkova

mserkova@serendiblaw.com