If Iwas terminated by a MD based company but worked/lived in CA, am I protected under CA Labor laws?

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If Iwas terminated by a MD based company but worked/lived in CA, am I protected under CA Labor laws?

I was fired approximately 13 days ago and have not been paid final salary, commissions, vacation, and PTO. Being based out of MD with account managers throughout the US, it appears as though the company is following MD labor laws. However, I thought that I was protected under CA labor codes 201, 202, and 203. Is this correct? I did go through my hiring paperwork, and the “company policy” states final wages will be paid on the following scheduled payday. Does this override the CA labor codes? Having not been paid yet, do I have a case for section 203 regarding penalties due to former employees with wages being held? If so, how should I go about this? Should i speak with an employment law attorney? In Orange County, CA.

Asked on November 10, 2010 under Employment Labor Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking an employees home state governs the terms of their employment.  California has notoriously pro-employee labor laws and offers unprecedented protection to an employee. There may be another issue as well with regard to the employee handbook that you are referring to.  Some states lien to it being a contract between parties and some states shy away from that theory entirely.  There is always a question as to what will happen when an employees home state differs from their employers home state and the HR personnel comply with the state in which they are located which is contrary to the employees home state laws.  Bring the issue to their attention.  If they do not respond in a way that satisfies you seek legal help.  Good luck. 


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