Legal Question in Employment Law in California

I was terminated from my employment on 9/11, my employer asked me to send over my time card and my scheduled routes from my telemarketing I had already done. It is now 9/15 and the employer is now saying they will not give me my paycheck until I send over my spreadsheets with my notes. They already have copies of the spreadsheets they just want my notes to make their job easier. I have filed a wage claim for my wages that I have not yet received. My question is do I legally have to send them my notes or can I hold on to my notes until they send me my paycheck. Legally they were supposed to have my paycheck waiting on Friday.


Asked on 9/15/15, 1:54 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You are both right and wrong.

You are right that the employer is required to pay your last paycheck on your last day of employment. Willful failure to do so subjects the employer to waiting-time penalties equivalent to a day's pay for each day late, up to a maximum of 30 days. The employer is wrong to withhold your pay until its gets your notes.

You are wrong and they are right that you are required to return your notes related to the performance of your job to the company. Your notes are company property and it is wrong to withhold them until they pay you.

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Answered on 9/15/15, 2:02 pm


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