am I entitled to penalties

[tjkmf]

What is the name of your state? CA
I was forced to terminate my employment, because spouses job relocated. My manager knew months before, that I would be terminating employment. When I knew the exact date, I gave a week's notice. When it came to receiving my final vacation/sick pay checks, I had to wait a month. Can I go after penalties, for each day they delayed in issuing my final checks? My interpretation of the law is that they have 72 hours when no notice is giving, if 72 hour notice is giving, they are to be ready for you on your final day? I am collecting unemployment.

 

[cbg]

That's my understanding as well, but only the CA DOL can tell you for certain.

 

[JETX]

With all due respect to cbg, I disagree.

Based on the original post, the late payments were NOT wages, but payment for vacation and sick days (" When it came to receiving my final vacation/sick pay checks, I had to wait a month"). I don't think that there is any provision for penalty payments for delayed pay in those cases (and doubt if there are penalties paid to the former employee even for delays in wage pay).

Further, if there were penalty payments to the former employee for delays in vacation/sick pay, there may be valid reasons for the delay that would need to be considered (such as, did you disagree with their calculations and thereby cause the delay, etc.).

 

[cbg]

I am basing my answer on personal experience.

Several years ago, the CA DOL mistakenly believed that we had failed to pay a terminated employee her vacation pay. Despite the fact that we were able to provide volumes of documentation AND a copy of the cancelled check, we were threatened with penalties and fines for our failure to pay. It wasn't until the employee herself told them that she had been mistaken and she had received the check on a timely basis, that they backed off.

Granted, this was five years ago and the law may have changed. And maybe they were bluffing and would not have been able to fine us. All I can tell you is that this is what we were told, and CA tends to modify their laws to be MORE friendly to the employee, not less.

As I said initially, only the CA DOL can say for sure. CA does consider vacation time (I'm not sure about sick time) to be wages.

 

[JETX]

One of the key points of the original post was whether the writer (former employee) could 'go after penalties".

If there are penalties assessed against the employer (which I still doubt), I don't believe that they would be paid TO the former employee (but more likely to the states 'general fund). Correct??

 

[cbg]

When we're talking about California? I wouldn't even want to guess.

 

[rahamich]

Vacation/Sick leave are wages in CA

Unused vacation or sick time are considered wages in California and are due upon termination so long as the employer's policy does not provide forfeiting such vacation time (labor code 227.3). Penalities are applicable up to 30 days. Please note that I am not a lawyer, but have been through this experince before.
For additional info, go to : www.dir.ca.gov.

 

[JETX]

Okay, so penalties can be assessed against the employer.

The questions remain:
1) Are those penalties retroactive?? If the employer has already paid and employee has accepted payment, can the employer now be hit with penalties for the delay in payment? I don't think so.
2) If the penalties are retroactive, does the employee get them?? Again, I don't think so.

 

[cbg]

Ramich, no one is debating whether or not the monies are due. The question is whether or not penalties can be assessed because they were late.