Seaside, CA asked in Employment Law for California

Q: what should I do when an employee refuse payment but claims you the employer refuse to pay them?

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: You cannot withhold the final paycheck to an employee for ANY reason. The time to get signatures on documents was when they were an employee, not after termination. She has no legal duty to sign anything after she is terminated.

You are likely going to be liable for Waiting Time Penalties of one day of pay for each day the employee is made to wait for the final check that should have been provided at the time of the termination.

Good luck to you.

Brad S Kane agrees with this answer

Brad S Kane
Brad S Kane
Answered
  • Los Angeles, CA
  • Licensed in California

A: You need to pay the former employee as soon as possible. You always get the information needed to pay employees as part of the onboarding process.

You need to document your efforts to pay. You should send the money via direct deposit or certified mail.

You will be responsible for waiting time penalties equal to 1 day's pay for each day late up to a max of 30 days.

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