Q: I'm remote working in CA, the company is in RI. I was terminated but didn't get final pay that day nor the term letter.
Do I have rights to ask for pay for days up to receiving my final pay?
A:
Because you physically worked in CA, the CA Labor Code applies to your situation, not the state where the business is located.
Under the CA Labor Code, an employer is required to provide a terminated employee's final paycheck on the day the employee is terminated. A willful failure to do so means the employee is entitled to Waiting Time Penalties equal to one day of pay for each day the employee is made to wait for that final check, up to an additional 30 days of pay.
An employer has no legal obligation to provide a terminated employee with any kind of written documentation that confirms the termination.
If you wish to pursue Waiting Time Penalties, you can file an administrative claim with the CA Division of Labor Standards Enforcement.
Good luck to you.
A: Since you are a California resident, California law applies. You are entitled to receive your final compensation within 24 hours of your termination. For each day late, you are entitled to waiting time penalties equal to 1 day's pay up to a max of 30 days.
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