Final Pay in California: The Rules You Need to Know for Both Resignations and Terminations Hosted By: HRhero* October 11, 2011 Webinar Leader: Michelle.

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Presentation transcript:

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) 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.