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Q1. Suppose I quit a job without giving any sort of prior legal notice to my employer 72 hours before and I also did not receive any sort of pay or wage within 72 hours from my employer, then is it necessary for me to go back to my employer’s business place and demand my wage or pay so that the waiting time penalty can may apply?
The penalty of waiting time is applied on that employee who quits the job in the period of 72 hours without giving any sort of notice and then doesn’t return to the work place to demand the wages due, according to many civil litigation lawyer. There have been occasions when the an employer tries to prevent you so that you may not return from your wages, or he/she says to you that the wages will not be given if you return, hence the waiting penalty does apply. These situations vary from case to case and hence, dealt accordingly. Also, it’s your right to receive your wages via an e-mail or mail or something, if you di quit a job without giving a minimum 72 hour notice, if you request so (Section 202 of Labor Code). If you have done all of this procedure but still you is not paid off then you are entitled to receive the amount as a result of waiting time penalty. Hence, it is advisable to the employers to make sure that all of their employees are paid off duly, including the final wages as well, under the efforts of good faith and will.
Q2. Two weeks before, I was fired off from the job by my employer. I was paid all the due wages at the time of quitting, but I didn’t receive any sort of amount which I was meant to receive under the reimbursement of the business expenses, and 10 days gone past by all that. Does the waiting time penalty applies in my case? If yes then up to what amount?
In the said case, no, you are not entitled to any sort of waiting penalty. It applies only in cases where an employer fails to pay off his/her employees of their due wages willfully just in accordance to the Sections 202.5, 202, 201.5 and 201 of the Labor Code. Since you stated that you were paid all your due wages at the time of quitting, and in the eyes of law, reimbursement money doesn’t fall in the category of wages; the penalty simply doesn’t apply in your case.
Q3. Two weeks before, I was fired from the job. At the quitting time, I was paid all the due wages for the days I worked, but I was not paid for the 15 days I took off as vacations which were unused, accrued and earned bit 10 days after. Does the waiting time penalty applies in my case? If yes then up to what amount?
Truly, you are qualified for a 10-day compensation holding up time punishment. The holding up time punishment is assessed just if a business adamantly neglects to pay any pay rates of a laborer who stops or is released as per Sections of the Labor Code 201, 201.5, 202, or 202.5. Under California law, earned occasions are viewed as compensations; and under Section 227.3 of the Labor Code, except if generally given by an aggregate bartering understanding, the business will pay the laborer at the representative’s last degree of compensation for all such earned, accumulated and unused get-away if the work relationship closes in any way, shape or form and the worker has not utilized the majority of his earned and collected get-away. In your circumstance, since your previous manager was required to pay all of you your wages at the time you were released, including your 15-day get-away compensation, and did not, you are qualified for the 10-day wages holding up time punishment, the quantity of days between the date you were released and the date you got all your last compensation, for example the 15-day get-away pay.
Q4. My manager has neglected to pay me my last compensation inside as far as possible endorsed by law and I feel that I am qualified for the discipline for holding up time. What am I permitted to do?
You can either hold up a pay guarantee with the Labor Standards Enforcement Division (the Labor Commissioner’s Office) or make a move against your previous boss in court to recuperate the pay rates on the off chance that regardless they owe you, and case the holding up time punishment.
