Legal Question in Employment Law in California

I live and work in CA, for a CO based company. I plan on resigning next month. When it comes to my final pay of wages, vacation and commission, do I fall under CA or CO labor laws? Thank you.


Asked on 7/31/14, 9:12 pm

2 Answers from Attorneys

If you work in California, you are covered by California law, regardless of where your employer company is headquartered. Thus, if you resign, you must be paid your final wages within 72 hours of your resignation.

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Answered on 7/31/14, 9:35 pm
Kristine Karila Law Office of Kristine S. Karila

California - the state where you perform most of your work. CA law requires your employer to pay your final paycheck, including any earned and unused vacation or PTO immediately (same day) upon termination if you quit and give at least 72 hours' notice. If you do not provide at least 72 hours' notice - they have 72 hours after you quit to provide your final check. If you do not get your check timely, they also owe you one day's pay for each day you have to wait - up to 30 days and the law states that they "shall" pay your attorneys' fees. They don't have to pay any sick leave earned and unused and as to commissions, they have to pay all that are earned (all conditions met) and that can be calculated at the time of termination.

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Answered on 8/01/14, 10:43 am


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