FAILURE TO PROVIDE ALL WAGES DUE AT TIME OF TERMINATION
Pursuant to California Labor Code Sections 201 and 227.3, an employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Further, an employee without a written employment contract for a definite period of time who gives at least 72 hours prior notice of his or her intention to quit, and quits on the day given in the notice, must be paid all of his or her wages, including accrued vacation, at the time of quitting.
However if the employee quits without giving 72 hours prior notice, the employee must be paid all of his or her wages, including accrued vacation, within 72 hours of quitting. An employee who quits without giving 72-hours prior notice may request that his or her final wage payment be mailed to a designated address. The date of mailing will be considered the
date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting.
The place of the final wage payment for employees who are terminated (or laid off) is the place of termination. The place of final wage payment for employees who quit without giving 72 hours prior notice and who do not request that their final wages be mailed to them at a designated address, is at the office of the employer within the county in which the work was performed.
Labor Code Section 203 provides a statutory penalty for the willful failure to pay all money due to an employee who is discharged or quits, under Labor Code Sections 201 and 202. Pursuant to Labor Code section 203, 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 therefore is commenced; but the wages shall not continue for more than 30 days.
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