Many workers are unsure what wages they should receive after their employer fires them. State law sets clear rules about when to provide final pay and what to include in it. A wrongful termination attorney can help you with the final payment of wages in Los Angeles wrongful termination cases if an employer failed to pay everything owed to you.
Erkel Law, P.C., can review your situation and determine whether your employer followed the law. If a violation took place, you may be able to pursue a claim to recover the amount owed and possibly additional penalties.
Employers must follow the state’s strict deadlines for final paychecks. Under California Labor Code § 201, when an employer terminates an employee, they must pay all earned and unpaid wages right away. Even if an employer claims they fired the worker for cause, the employer must still pay all wages that were earned.
Final wages may include:
Under California Labor Code § 227.3, earned wages include vacation time, so if an employee has unused vacation time, the employer must pay it out as part of their final wages. Problems with wage payments after a wrongful termination in Los Angeles often happen when employers delay the final check or fail to include all the earned compensation. A lawyer can review the payroll records to determine whether the final paycheck was correct.
When final wages are not paid on time, state law may impose waiting time penalties as described in California Labor Code § 203. If an employer purposely fails to pay final wages, the employee may recover a penalty equal to one day of wages for each day the payment is late for up to 30 days. For example, if an employee earned $200 per day and the final paycheck was delayed by 10 days, the waiting time penalty could reach $2,000.
The key issue is whether the failure to pay was willful. A willful violation generally means the employer intentionally failed to pay the wages that were due. Sometimes disputes occur over the amount of the final wage payment in a Los Angeles wrongful termination case, and penalties may apply if a dispute in good faith did not exist.
Sometimes an employer simply refuses to pay certain wages, possibly arguing that certain wages were not earned or that there was a dispute about the amount owed.
Common wage disputes after termination include:
Individuals with a wage payment claim in a Los Angeles wrongful termination case can work with a lawyer to review important documents and calculate the full amount of compensation owed to them. Written policies and records, such as pay stubs, time records, and commission agreements, help show what the employee earned. Erkel Law, P.C., can analyze the facts, determine whether the employer violated state law, and work toward a fair resolution that holds the employer accountable.
Workers who lose their jobs should not also lose their rightfully earned wages. State law requires employers to provide final pay promptly and to include all earned compensation.
When final payment of wages in Los Angeles wrongful termination cases are missing or late, a lawyer can review the situation and explain your available options. Erkel Law, P.C., can also review employment records, calculate potential damages, and determine if there was a violation of the state’s wage laws. Call to learn more about your options.
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