Laid Off and Final Paycheck

[Rick61]

What is the name of your state (only U.S. law)? California

I am a Nurse and was laid off here in California on Friday 1/13/2017. We were represented by Union, SEIU Local 2015. The employer paid final check on same day but failed to include in my check the 1 week severance amount. I telephoned the GM today, Monday 1/16 and left a message stating that my 1 week severance amount was not included in my check. Am I entitled to levy a penalty against employer if they fail to pay me "all" monies within 72 hours of lay-off? How do I go about asking them for the penalty amount for each day they fail to pay me my promised severance amount?

 

[Chyvan]

Am I entitled to levy a penalty against employer if they fail to pay me "all" monies within 72 hours of lay-off?

CA only requires that WAGES need to be paid. The severance may or may not count.

http://www.dir.ca.gov/dlse/finalpay.pdf This sure makes it seem like severance doesn't count in the second section.

 

[cbg]

In this instance, I agree with chyvan. Severance is not required by law in 47 states, including CA, and only in some instances in the other three. So what severance is due, and when, is not a question of law but by policy or contract. If any penalties are due, they will be due not by law but by contract and the law will not enforce them. What does your union contract say?