When you leave your job, there’s often a mixed bag of emotions and expectations, particularly regarding the final settlement with your employer. In California, the departure of an employee triggers a set of legal obligations for the employer. Understanding these can be crucial for any departing employee. Read on to learn more and contact PLBH at (800) 435-7542 if you require a free legal consultation from an employment attorney.
Documentation and Notices: More Than Just a Goodbye
An employment attorney highlights that both California and federal law set forth specific documentation requirements for employers. The nature of these documents can vary depending on the size of the company and your employment circumstances.
For instance, if you were enrolled in the company’s health plan, you are entitled to receive a COBRA notice and election form, along with a Cal-COBRA continuation rights notice, particularly if your termination falls under the ambit of this law. Additionally, notices regarding the continuation, conversion, or extension of any employer-sponsored insurance coverage are mandated by California law.
Unemployment Benefits and Employee Rights
In the event of termination, you’re entitled to certain information about your rights to unemployment benefits. In California, this includes a “For Your Benefit” pamphlet and a written notice under the unemployment insurance code about the change in your employment status.
The Final Paycheck: Timelines and Inclusions
The moment of receiving your final paycheck is often laden with anticipation. If you provide at least 72 hours of notice before quitting, you are entitled to receive your final paycheck at the time of separation. Without such notice, the paycheck should be delivered within 72 hours post-notice. This paycheck must encompass all unpaid wages, including unused vacation pay, paid time off, overtime, regular wages, commissions, and bonuses.
Penalties for Non-Compliance
Failure to provide the final pay on the last day of work can lead to penalties for the employer, amounting to a day’s wages for each day of delay, capped at 30 days. Should you need to hire an employment attorney to recover unpaid wages and penalties, the cost of the attorney’s fees can also be recovered.
The Importance of Knowing Your Rights
Understanding these laws is vital. Non-compliance by your employer can not only impede your rights but also affect your financial stability. In instances where your employer falls short in fulfilling these obligations, it’s essential to know your rights and consider consulting with a skilled employment attorney.
Legal Support from PLBH
At PLBH, our expertise spans over 50 years in representing employees and safeguarding their rights. If you’re facing challenges in receiving your due entitlements upon job departure, we’re here to assist. Contact us at (800) 435-7542 or via email for a consultation with an experienced employment attorney and ensure your rights are protected.