Poor Arnold. Everyone is out to sue him this week. First off, the SEIU Local 1000 wants to sue because, they claim, that Arnold didn’t pay exiting workers on their last day of work.
The California Labor Code specifically states that if an employer initiates the termination of employment, the employee must be paid on his/her final day.
From Labor Code Section 201:
(a): 201. (a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately.
Section 203 goes on to say:
203. If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. 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, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment. Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise.
“Lynelle Jolley, a spokeswoman for the state Department of Personnel Administration, refused comment on the lawsuit, saying agency officials have not yet seen the complaint.
However, she said: “Everybody is going to get the pay that they’re due if they haven’t already. And we will be fully complying with the state labor code.”
I certainly hope so, because don’t we want our governor modeling the behavior that is expected of us?
Additionally, the SEIU and several other unions are also suing for the termination of aforementioned employees.
According to the LA Times, “The SEIU and another union representing state attorneys also filed unfair labor practice allegations over the minimum wage provision, saying the administration is trying to illegally influence ongoing contract talks.”
And per SFGate, “A lawsuit filed Aug. 1 charges the layoffs were unlawful and demands those employees be reinstated with back pay. A hearing date has not been set on that case.”
But let us not worry too much about Ahhhnold. He’s made it very clear that he doesn’t back down easily.
Tell that to the poor schlub who’s without a job and still waiting for his pay.