Q: Started my new job, 3 days in and found out I was terminated on my second day, brought it to hr attention and was told

A: In California, you have specific rights regarding the payment of final wages upon termination. If you were terminated, California law requires your employer to pay all final wages immediately at the time of termination. This includes any earned and unpaid wages up to your last day of work.

If your employer has not paid your final wages on time, they may be subject to waiting time penalties. According to California law, for every day your final wages are delayed, you may be entitled to a full day's wages as a penalty, up to a maximum of 30 days.

Given the circumstances of your termination and the potential error in your employment status, it's important to document all communications with your employer regarding your termination and the delay in receiving your final wages. This documentation can be useful if you need to take further action.

If your wages are not paid promptly, you can file a wage claim with the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). They can assist in recovering your unpaid wages and any penalties due to you.

It may also be beneficial to consult with an attorney who can provide specific advice based on the details of your case and assist in recovering your owed wages and any additional compensation you may be entitled to under California law. Remember, taking timely action is crucial in wage and employment disputes.

A: If you worked for a government entity, you have no right to penalties if you get your final check within a reasonable period of time.

Otherwise, your employer needs to provide you with a final check on the day of your termination. A willful failure to pay you on time should allow you to recover Waiting Time Penalties in the amount of one day of pay for each day you are required to wait to receive your final pay.

There are several ways you can try to get those penalties.

You can attempt to negotiate payment yourself.

You can file a claim with the California Division of Labor Standards Enforcement, or you can file a lawsuit, such as in Small Claims Court.

Each of these options have their pros and cons. It would be wise for you 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: If you are terminated, your employer must pay you all compensation earned within 24 hours. For each day late the employer must pay you one day's pay for each day late up to a max of 30 days.

You can file a complaint with the Labor Commissioner or hire a lawyer to assist you.