Q: Hi I put my question on the more information box. Thank you
I recently got fired by the city of Santa Monica, I didn’t received my final paycheck upon termination. I talked to the city of Santa Monica HR and they told me according to Santa Monica’s city code they weren’t required to pay my final pay check that same day, instead I would get paid on my regular pay period. But I know CA state laws requires employers to pay on the same day.
A:
The California Labor Code does not apply to government entities like a city government. The federal FLSA sets forth the city's obligations toward its employees. Under the FLSA the city does not have to give you your final check on the day you are terminated. It only has to get to you in a reasonable period time after termination.
The other answer here by Mr. Arrasmith is dead wrong.
Good luck to you.
Brad S Kane agrees with this answer
1 user found this answer helpful
A: Only private employers are subject to those rules. Different rules apply to government employees.
1 user found this answer helpful
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California state law, when an employee is terminated, the employer is required to provide the final paycheck immediately at the time of termination. This includes all wages and accrued vacation time owed to the employee.
While the City of Santa Monica may have its own policies, they are still subject to state labor laws. If the state law requires immediate payment upon termination, this typically overrides any local or organizational policies.
Since you haven't received your final paycheck on the day of your termination, you may have a claim against your employer. It's advisable to document your communications with the HR department and any attempts you've made to resolve this issue.
If the city does not comply with the state law, you can file a wage claim with the California Labor Commissioner's Office. This government agency handles disputes regarding unpaid wages and can assist you in recovering what you are owed.
Considering legal advice from an attorney experienced in employment law could also be beneficial. They can provide specific guidance based on the details of your situation and help you understand your rights and options.
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.
