Quote Originally Posted by 4agze View Post
i think people in phil. dont understand labor laws in the US, your superiors cant hold your pay or you against your will.the company will send your last pay via direct deposit like most people here or mail a live check in the mail. if they dont you can file a suit on the labor department and get more money cuz, width holding your pay is illigal here. you can quit just like that walk away and go, yes i've done that. quitting clearance never heard of that here, we do our clearance before you get hired your Social Security #,live scan and FBI scan is all you need. im a supervisor in a serology lab i cant even force my coworkers to do overtime, i need to ask if they like to do overtime and its up to them if they want to or not.
FYI 4agze, under California State Law, employees who terminate their employment must get their paycheck on their last day with the company. Unless, previously arranged with HR or Payroll Dept, the employee will get his/her last pay in the form of a check instead of directly depositing the money to the employee's bank account.

If the employee quits and provides at least 72 hours of notice to the employer, the employer is obligated to produce his/her last pay on the last day of work. If the employee voluntarily quits without providing enough time, the employer is required to pay the erstwhile employee his/her last pay within 72 hours.

Yes clearance is still required depending on the sensitivity of the position in the company. Defense contractors require extra lengths of pre and post employment clearances (this is just to point out an example).

Size of the company is also another factor. If an employee is just a fruit picker in the slopes of Napa, he/she can just quit and get his/her last wage instantly. Compare it to a sales rep, or a senior executive or a law enforcement agent whose employer has a structured system in place, then policies are applied distinctively. Small companies usually don't have a HR department to process last pay. Usually the business proprietor will issue the check himself/herself.

Payment of last pay also varies from State to State. Not all States have uniform rules as far as employment termination is concerned. It's just that California have a long list of laws that sometimes supersedes Federal law.

Whether one is employed in RP or not, I still believe that it is appropriate to sufficiently provide a considerable amount of time to the employer when one intends to quit the job.

Let's talk about OT under CalState law in another thread.

Peace