Q: I was fired 4 not bringing 2nd form of ID in 3 days How long do they have to pay me?
I gave them my ID and ssn# but didn’t have the actual social security card I did 2 days of orientation and worked one shift I was on my way with my birth certificate the 3rd day but got there 15 min after HR left so I was terminated. How long do they have to pay me?
A:
If the employer was not a governmental entity, the employer was required to pay you all accrued wages to that point on the day of termination. A willful failure to timely pay a final paycheck can result in you being entitled to Waiting Time Penalties that equal one day of pay for each day you are made to wait for the final paycheck.
To pursue you pay and penalties, you can file an administrative wage claim with the California Division of Labor Standards Enforcement.
Good luck to you.
A: If a non-governmental employer terminates your employment, the employer must pay you within 24 hours. Failure to do so will result in the accrual of wait time penalties of 1 days' pay for each day late up to a max of 30 days. There is a very narrow exception - the employer's the delay was unintentional such as the result of a clerical error. To prevent that argument, you should send an email or text asking for your final compensation and stating that it is due within 24 hours of your separation.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
