Legal Question in Employment Law in California

after termination of employment

what if a person is discharged on 10/30/2006 and did not receive check until 11/20/06, and until now not paid for all accrued wages, what can that employee do and under what CA laws?


Asked on 4/30/07, 6:13 pm

2 Answers from Attorneys

Laurence Haines HainesLaw

Re: after termination of employment

The California Labor Code reads as follows on that subject:

� 203.

If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 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. An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully tendered to him or her, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment.

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Answered on 4/30/07, 6:23 pm
Terry A. Nelson Nelson & Lawless

Re: after termination of employment

File a complaint with the Labor Commissioner for interest and penalties.

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Answered on 4/30/07, 7:37 pm


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