Employee suing for penalties on late receipt of final paycheck

Question Details:

I let an employee go on 6/28/09; this coincided with the end of a pay period. So I paid her for an additional week and processed it with the regular payroll. She is suing me through the labor board for penalties because I did not giver her the check at time of termination. Is there anything I can do?

Asked 11/5/2009 under Employment and Labor | 661 View(s) | More Legal Topics

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Employment and Labor Law Answers

Some states allow the final paycheck to be given at the next pay date--but others require that it be paid upon termination.  Apparently the latter is the case in California.  She is not "suing" you, per se--what is more likely is that she has complained to the labor board.  You can try and come up with a reasonable and feasible explanation for waiting, and the board may or may not excuse you, and if it is your first infraction the penalty may be waived, or not too great.  But if you are a supervisor or in the human resources department it is extremely important to know what the state requires in all employment matters, and to be sure you follow the law.  Not knowing it will not excuse you.

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