How to calculate waiting time period for unpaid wage after an employee is fired or quit?
Hypothetical question: Seven days ago employee gave employer notice that employee was quitting on Friday, which employee did. Employee did not receive his final paycheck on that day, and on the following Monday called former employer to find out when employee would be paid. Employer informed employee that the check was available and that employee could come in and pick it up, and employee told employer he would do so. Employee purposely did not pickup his check until 10 days later, which was 13 days after employee quit. Is employee entitled to the waiting time penalty?
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Answer: Yes, employee is entitled to the waiting time penalty in the amount of three days’ wages.
Employee is not entitled to 13 days’ wages worth of penalty because employee purposely avoided picking up your check for ten days after employee was informed it was available. Labor Code Section 203 provides that “An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully tendered to him or her…is not entitled to any benefit…for the time during which he or she so avoids payment…”
In this situation, since employee gave employer at least 72 hours prior notice that employee were quitting and quit on the date employee said he would, the employer’s obligation is to pay employee all unpaid wages at the time of quitting. Labor Code Section 202 Since tender of payment of the final wages stops the penalty from accruing (in this case “tender of payment” is employer’s informing employee on the Monday following employee quit that employee’s check was available, and employee telling employer that employee would pickup it up), employee is entitled to only three days’ wages worth of penalty.