i was laid off 6/8/2012. i tried several times to contact the owners as well as my direct superior with no answer. i was scheaduled to work 6/10 and 6/11. i was not given 24hr notice that i wood not be working. i did not recieve my final paycheck untill 6/14/2012.. the check i recieved was not a payroll check, but a personal check from the owner.... - can i be compensated for the days i did not work, even though i hadnt recieved my final paycheck???
State/Country relating to question: California
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service. An employer is required by law to pay all wages earned and owed IMMEDIATELY upon discharge of employment. Specifically, Labor Code section 201 states:"If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately."Furthermore, where an employer fails to pay all wages owed upon termination, he or she may be subject to fines and penalties in accordance with Labor Code section 203, which 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."Thus, if an individual in your circumstance did not receive your final check for 6 days, then you would typically be entitled to your daily rate of pay for each of those 6 days, even if you did not work on those days and even if you weren't scheduled to work on those days.If your employer fails to pay this late penalty, an individual in your circumstance can file a claim with the Department of Labor Standards Enforcement. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm I sincerely XXXX XXXX this information helps you and I wish you the best.If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.Thank you and very kindest regards.
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