California Employment Law

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There is so much more...
There is so much more to this then just this question. I am hoping that I can get in touch with a lawyer to describe all the events and get some advice.. as for my question, when you have been terminated from a job in the state of California, how long does the company have to issue the final paycheck and does it have to be a physical paycheck or can it be deposited if you were doing direct deposit? If there is a possibility, I would like to get a number to call. Thank you
Submitted: 6 years ago.Category: California Employment Law
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Answered in 1 hour by:
3/3/2012
California Employment Lawyer: Patrick, Esq., Lawyer replied 6 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,376
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to answer your question.

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."

There is no requirement as to how that paycheck is delivered, and an employer will be in compliance with this statute even if it simply drops the check in the mail on the date of termination, but the key is that the final payment must be made immediately.

Pursuant to Labor Code 203, an employee is entitled to their daily rate of pay for each day that an employer willfully withholds these wages, plus interest. Specifically, Labor Code section 203 states:

"(a) 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."

Here on Just Answer, we are prohibited from having outside contact with any customers, so unfortunately I won't personally be able to discuss your other issues over the phone. If you have not immediately been paid your final wages or you suspect that there are other grounds for a lawsuit, there are numerous resources for getting in touch with a local attorney.

For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com On MartinDale, you can search attorneys by their practice area, which many people find useful.

When you contact the attorneys, ask if they offer free consultations. Most should, and this way you can get at least some opinion on your case before you commit. Also, you will probably want an attorney who is willing to take your case on a contingency fee basis--this means that you won't have to pay for their services until you win, and if you don't win, you won't have to pay them any attorney fee.

I sincerely hope that this information helps you and I wish you the best.

My greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Although I cannot always provide good news, I hope that my answer gives you a better understanding of the law and your rights so that you can obtain the best possible result under the circumstances. Also, please bear in mind that experts are not credited for unaccepted answers, so I greatly appreciate you taking the time to "accept" my answer and leave positive feedback.

Finally, none of the above constitutes legal advice nor is any attorney client relationship created between us.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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