Plaintiff was not provided his final check during the meeting by Operations. Operations stated a severance package was provided to Plaintiff and Operations was under the impression that the severance package needed to be signed before proceeding with the final check.
Labor Code Section 201 requires that the wages earned and unpaid at the time of discharge are due and payable immediately. Any delays resulting from the Defendant's mailing the check and the mail going astray are the responsibility of the employer and do not relieve the employer of liability for penalties pursuant to Labor Code 203.
The wages of such employee shall continue as a penalty from the due date thereof at the same rate until paid, up to thirty days.
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