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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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My position was eliminated on 11/23 when I came in early as

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My position was eliminated on 11/23 when I came in early as requested by my supervisor. She explained to me that she was only going to pay me up until the 22? I asked her why not for the 23 and she said I wasnt working I was terminated at 8am. My understanding is that I should be paid for everyday after that until I am paid in full up to 30 days? Is this correct? Phil
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

According to Labor Code section 201, "If an employer discharges an employee, the wages earned
and unpaid at the time of discharge are due and payable immediately."

Labor Code section 203 provides for a penalty in the event an employer fails to comply with its section 201 obligations. Section 203 states:

"If an employer willfully fails to pay, without abatement
or reduction, in accordance with Sections 201, 201.3, 201.5, 202, and
205.5, any wages of an employee who is discharged or who quits, the
wages of the employee shall continue as a penalty from the due date
thereof at the same rate until paid or until an action therefor is
commenced; but the wages shall not continue for more than 30 days.
An
employee who secretes or absents himself or herself to avoid payment
to him or her, or who refuses to receive the payment when fully
tendered to him or her, including any penalty then accrued under this
section, is not entitled to any benefit under this section for the
time during which he or she so avoids payment.
(b) Suit may be filed for these penalties at any time before the
expiration of the statute of limitations on an action for the wages
from which the penalties arise."

You can report this violation to California's Department of Labor Standards Enforcement. To file a claim with California's Department of Labor Standards Enforcement, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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