Final Wages California Laws?

tlc612

Last Friday was the final day for an employee who was being laid off. We are in Colorado and this employee is in our California office. We normally overnight the final paychecks the night before. Due to a misunderstanding on our part, the package didn't get sent out until Fri. The office got it on Monday. The employee called and said he was due 2 days extra pay because we didn't pay him on his last day. I did find this is correct in our California's Employers Guide book. It states, "If an employer willfully fails to pay a resigning or discharged employee, the employer must pay the employee a penalty in addition to the wages owed."
What do you think "willfully" means? I mean we always get the final checks there on time, but, either our receptionist didn't know it was supposed to go overnight or she accidentally forgot to send it. I really don't know the story on that one. But, we didn't mean for that to happen. Should I try fighting the extra wages or just pay it to avoid more hassles?

Thanks,
Trish in CO

Gillian3

"Willful" will be interpreted in favor of the employee. You would most likely be held liable if you went to a hearing. Why not try paying an extra day's pay because you didn't get it there on the Friday, and let the employee file a complaint for more. The hearing officers have some discretion and may not charge you for the Saturday and Sunday if they are non-work days. If the employee were to file, you would then have a showing of good faith in trying to settle outside of a hearing, which can be done by telephone.

kcovalt

Why would you even want to take the chance of causing the employee to file charges against you? How much can two days of wages be? Even if the package was late due to an oversite on someone's part, it was still late. I would pay him the two days and write it off to experience.

Gillian3

Nothing, other than if the employee accepts one day, the employer has saved a few $$.

E Wart

You are correct on the law. Have you gotten other employees who have terminated their check on time? If so, I would say you better do something in favor of the employee or he will be going to the labor dept. Who wants this? It was your fault, whether willful or not is another question.
Just pay him one or two days (however many work days there were.)

E Wart