Do’s and Don’t of Final Paychecks

Terminating an employee is never fun. No one likes to do it. Yet, for any number of reasons, there are times when it is necessary end the employment relationship. Employers need to be careful that they don’t set traps for themselves in dealing with final paychecks. This article will explain some important rules on this topic.

The first key issue is whether the employee has been terminated or has simply resigned. In the case of a termination, or lay-off with no specific return date within the normal pay period, all wages and accrued vacation earned but unpaid are due and payable immediately (see Labor Code section 201). An employer may not ask or require the employee to wait until the next regular payday for the final wages. Moreover, it is illegal to withhold a paycheck for any reason, including inducing a former employee to return tools or uniforms, pay back money that might be owed to the employer, or turn in expense reimbursement forms. The key word in dealing with terminations and final paychecks is that they must be given to the employee immediately.

The standard is different for resignations. If an employee voluntarily quits and gives more than 72 hours notice, all wages and accrued vacation are due and payable on the last day of work. Yet if the employee quits without giving 72 hours notice, all wages and accrued vacation are due and payable not later than 72 hours after notice is given. In these situations, the employee is entitled to receive his or her final wages by mail if he or she so requests and provides the employer with a mailing address. The date of mailing is considered the date of payment for purposes of the 72 hour requirement.

As for the place of final payment, quitting employees are normally required to return to the place of employment to pick up their final check. Again, employers are not required to mail the final paycheck unless the employee requests payment by mail and provides an address. Unless an employee specifically requests that their final paycheck be mailed, the safer practice is to simply hold the paycheck until the employee picks it up.

Applicant interview no-no’s

California is not an easy place to be an employer. Even an employment interview can be fraught with danger given California’s often pro-employee laws. What types of questions are fair game during an employment interview? What questions should be avoided? This article will explore certain questions that should not be posed while interviewing job applicants.

First, questions about martial status or children are never a good idea. Employers cannot ask whether an applicant is pregnant, has children, or is planning to have children. If you know that an applicant has children, you are prohibited from asking if the applicant has made provisions for child care.

Tread carefully when asking about hobbies or social activities. It is discriminatory to ask about clubs, societies, or organizations to which the applicant belongs that might indicate race, religion, sex, age, etc.

In addition, do not ask what languages an applicant knows unless the job requires the applicant to speak and/or write a particular language fluently. In any event, applicants who can speak more than one language will usually volunteer that information in their resume or cover letter.

In some cases it is proper to ask an applicant’s age. If required for the job, an employer may ask whether the applicant is over a particular age (e.g. a bartending job). Otherwise, do not ask an applicant’s age.

Finally, questions regarding an applicant’s education, while important, can create risky situations. Some questions about an applicant’s education may be interpreted as seeking information about their age. While it is of course permissible to ask where an applicant went to school and what degrees he or she has attained, questions such as “What year did you graduate?” and “Are you a recent graduate?” may be deemed discriminatory.

Job applicant interviews are a necessary part of the hiring process, and employers need to gather pertinent information from applicants before deciding whether to hire them. Yet, certain questions do pose risks. Employers can save themselves serious headaches by avoiding these pitfalls.