California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Do I have the choice of mailing even if the employee offers to come in to the office? Also, what about the situation I asked about where the employee game notice but we had already processed payroll and had a direct deposit payment set up for them?
Dan,Thanks for your reply. The remainder of Labor Code 201.5(c) states as follows:"The payment of wages to employees covered by this section may be mailed to the employee or made available to the employee at a location specified by the employer in the county where the employee was hired or performed labor." (Emphasis added)The way the law is worded, it would seem as though the employer has the discretion to choose either method of delivery--requiring the employee to either pick up the check or mailing it out to them within the 72 hour period. The way the law is written, the employee has no right to demand that he pick up the check.Unfortunately, there is no exception to the rules governing timely payment of final wages if an employer has already processed payroll and had a direct deposit set up for the employee who is quitting that is consistent with the regular pay periods.Again, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you. Kindest regards.