Sacramento employees work in an at-will environment. This means employers can terminate their employment for no reason, or employees can quit without giving notice unless there is an employment agreement in place. There are, however, important exceptions. You cannot be fired for taking family leave or be harassed into quitting, and you cannot be discriminated against and dismissed.
In some circumstances, your employer may fire you and then refuse to pay you what you are owed. You may be told that this is due to poor work performance, or there may be a shortfall in your pay with no explanation. Any unscrupulous employer who delays payment of wages in Sacramento wrongful termination cases should be held accountable for their actions. Erkel Law, P.C. can help you do this.
In Sacramento, if your employer terminates your employment, by law you should receive earned and unpaid wages on the day you are dismissed. Your employer is also required to pay you unused vacation time or paid time off (PTO) if they offer it and you are eligible. These payments are treated as earned wages.
Conversely, commissions you earn may not be due on your termination date, depending on your company’s protocol for paying them.
If you have an employment agreement, any earned business incentives must be paid immediately. Additionally, business expenses that have not been reimbursed at the time of your dismissal must be paid without delay. You should calculate how much you are owed and review your final paycheck to ensure the payment of wages is correct if you are wrongfully dismissed in Sacramento. If there are any discrepancies, Erkel Law, P.C. can discuss how to proceed with your wrongful termination case. Your employer can be penalized for delaying your payments, and if your money is being withheld, an attorney can file a lawsuit to retrieve it for you.
California Labor Code § 203 sets out the penalties for employers who fail to pay earned wages at the time of termination. These “waiting time” penalties are equal to one day of wages for each day payment is withheld after termination, up to a maximum of 30 days. An employment attorney can help you calculate the waiting time penalties and file a claim with the Labor Commission.
Whether you pursue a claim or a lawsuit, you may want to consider presenting the following documentation to your lawyer:
Detailed pay records will bolster your Labor Commission claim or serve as evidence in a lawsuit. It is important to talk to an attorney about payment of your wages, especially if your case involves wrongful termination by your Sacramento employer, who may retaliate or harass you, and deny you what you are owed.
Your attorney will advise you whether an employer settlement conference, followed by a Deputy Labor Commissioner hearing, is preferable to a trial. You may be entitled to payment of withheld wages, waiting time penalties, and interest. In many cases, you are also entitled to damages for wrongful termination. A knowledgeable lawyer can help you seek rightful compensation.
A Labor Commissioner claim usually takes 12 to 18 months to resolve, but an attorney may be able to negotiate a settlement within a few months if your employer is cooperative. Lawsuits often take one to three years to resolve. Erkel Law, P.C. is dedicated to getting justice for those taken advantage of by dishonest employers. Call an employment lawyer now to discuss payment of wages in Sacramento wrongful termination cases.
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