Final Pay in California:

The Rules You Need to Know for Both Resignations and Terminations

Hosted By: HRhero*October 11, 2011

Webinar Leader: Michelle Lee Flores, Esq.

OVERVIEW

• Final Paychecks • Severance • Unemployment • More

The Law

• California Labor Code• Wages Must be Paid– Termination by Employer–Resignation by Employee

• Waiting Time Penalties

Wages

• Vacation Pay• Sick Leave Pay• Commissions

Holding Back – Can You?

• Loans To Employees • Company Property–Damage–Return

Errors and Claims of Errors

• Accidental Overpayment • Duplicate Check • Employee Claims Still Owed Money

Documents With Last Paycheck

• Change in Relationship Letter• DE 2320 • COBRA–Reference – Inclusion

Severance Pay

• A rose by any other name . . . – Separation

• Writing• Claims Released• Claims Not Released

Unemployment Claims

• To Contest• Or Not To Contest • Recommended Action

Other Considerations• Best Practices Before Termination– Managing Expectations– Hopeful Correction – No Surprises– Explanation/Communication

• Documentation– Performance– Discussions– Tardy– Absenteeism

• Resignation

And More . . .

• Exit Interview• Potential Problem Employee–Have a Plan

• Communications After Leaving–Designate a Person

• Did Not Take a Separation Package

Questions?

Michelle Lee Flores(213) 330-4458

mflores@laborlawyers.com

• Disclaimer: The foregoing is not legal advice but is provided as a general overview. You should consult with counsel concerning the applicability of any law to your particular situation. © 2011 Fisher & Phillips LLP. All rights reserved. No reproduction without permission.