Employment Job Termination

Can an employer withhold pay after termination? If an employee's role is terminated, and he or she owes you money, you no longer have a contractual right to remove any money from the employee's wage. Withholding pay could lead to an unlawful deduction claim from your employee.

If your earnings equal or exceed your weekly benefit amount or you work 40 or more hours during the week, you will not receive any payment or waiting week credit for that week. You must accept all suitable work offered to you or report to the department you failed to accept such work.

Most awards say that employers need to pay employees their final payment within 7 days of the employment ending. Employment contracts, enterprise agreements or other registered agreements can also specify when final pay must be paid.

Your claim is normally effective the Sunday of the week you file an application for unemployment benefits, provided you did not work full-time or have earnings equal to or in excess of your weekly benefit amount during that week .

In Utah, when an employee is fired, employers are required to pay their final paycheck within 24 hours.

File online on the Utah Department of Workforce Services Unemployment Insurance Claim Filing web site, or call 801-526-4400 (Salt Lake metro area), toll-free 1-801-612-0877 (Weber/Davis counties), 801-375-4067 (Utah county), 1-888-848-0688 (balance of state and out of state).

California law gives employers only a short time to give employees their final paychecks after they quit or are fired. If an employer misses the deadline, the employee is entitled to a waiting time penalty of one day's pay for each day the employer is late, up to 30 days.

TO QUALIFY MONETARILY, you must have earned at least $4,200 during a specific period of time referred to as a base period. (See table included to determine your base period.)

Under Utah law, an employee's right to unemployment benefits cannot be waived in a severance agreement.Eligibility for unemployment benefits is generally limited to former employees who were involuntarily terminated without cause or who resigned for good cause.