Food For Thought

Light Monday

0f33b41bf52267d2633fed954dae6137A new week begins, and it hits me that October ends today. Two more months till 2016 ends, and I cannot wait to sit down and figure our plans for the new year.  Not sure New Year Resolutions, but actually actionable items that create change in me. I made some serious declarations for this year, and I am proud to say I got on the path for a lot of them, but I also was unprepared for so many things happening that make me wish 2016 never happened.

Yet I also know life goes on, and to delve on the past, uninformed by it is a recipe for repeating the previous mistakes. And other things need to motivate so I begin this today as a reminder that it’s not an end of the month or a year, but the beginning of possibility and chance to do things differently if I am not happy. Or to continue with the things that are working, to be not be complacent. Love, vision and success take work. They do not just continue because you do the same things over and over. They are investments that need continuing time and attention.

So October 31st is a reminder that I get to reset what was not working and push beyond what was working. I get to learn to keep moving not staying still, even with my emotions and thoughts. It is not easy. There are days where I just want to lie in bed, and just not be, yet self-pity is a wasted time because it serves no one least of all me.

So I get up, and begin this day with the end in mind. Bring it on 2016, let’s see what you got left. I see the light at the end of the tunnel.

Legal

I Just Got Fired, What Should I know About My Final Check: Legal Reasons #26

quote-in-the-final-analysis-you-get-what-you-pay-for-james-sinegal-171714

The time requirement for giving a final paycheck to an employee depends on whether the employee quit without notice, quit with at least 72 hours’ notice or was terminated or laid off. State enforcement agencies can penalize employers for not providing an employee with a final paycheck in a timely manner.

1. Review Hours

Were you paid all wages due?   All reimbursements?

2. Review Rates

Does it contain all regular and overtime hours? All commissions?

Note: Did the employer determine commission wages owed at the time of termination, they must pay the commission owed as soon as the amount is ascertainable and in a manner consistent with their commission pay policy.

3. Were Deductions Proper?

After determining the amount due to the employee, make proper calculations for any deductions, including:

  • Federal, state and local income taxes
  • Social Security
  • Medicare
  • State unemployment insurance

Note: These deductions can’t include any amount representing the unpaid balance of a debt owed by the employee. In addition, these deductions cannot include the value of any of your property the employee might have, even if the employee doesn’t return the property to you. You can be fined if you do so.

4. Provide the Final Paycheck Within Required Timelines

  • If the employee quits with 72 hours’ notice or more (clock hours, not business hours), you must have the final paycheck ready to give to the employee on his/her last day of work.
  • If the employee quits with less than 72 hours’ notice (clock hours, not business hours), you must have the final paycheck ready for the employee within 72 hours of when the employee gave notice.
  • If you are terminating the employee, you must hand the employee the final paycheck at the moment you inform the employee that he or she is terminated.
  • If the employee requests to have the final pay delivered by direct deposit to one or more bank accounts, you need to get authorization
Family

30 Days

quote-griefNo more posts about this. No more peering into my heart and mind. It hurts too much. No more writing about it. I get to let time do what it does best:heal. Yet it’s more than that. I don’t want to share my pain with so many. Or with anyone. Each day blends into so many missed opportunities so speak my mind, but life intervenes. Old issues spring up as road blocks, and I choke on the unfairness of it al.

30 days since you have been gone, but no more counting aloud. No more wondering what if. No more waking up and imagining it all to be a dream. It is time to bury the words, thoughts and feelings. The only way to peace is to accept you are gone, and we are left with beautiful memories.

I get to work on old and new facts, and deal with the life that I have not the one I wish I had. I get to accept that this too is part of life, and going on and on about it serves no one; least of all me. So I hold on to your memories tight, use them as my crutch and strength, and go out back to the life in front of me, old issues and all, and begin work on fixing it.

30 days. A lifetime of memories. What more could I ask for?

Legal

What You Need to know when you are fired or laid off

shutterstock_413781496-300x200If a company  terminates an employee or lay him/her off with no specific return date within the normal pay period, all wages and accrued vacation earned but unpaid are due and payable immediately.It is not acceptable to ask or require an employee to wait until the next regular payday for his/her final wages. A company cannot withhold a final paycheck. It is illegal to withhold a final paycheck to induce the former employee to:

  • Return tools, uniforms, mobile devices, laptop computers, keys or any other items belonging to you.
  • Pay back money that he/she owes to you.
  • Turn in expense reimbursement forms.

Payment Due at Time of Discharge

The California Labor Code requires that employees receive all earned and unpaid wages at the time of termination from employment. If they do not, the company can be assessed waiting time penalties UP TO DAYS at the employees rate of pay. . In Smith v. The Superior Court of Los Angeles County, the California Supreme Court ruled that neither length of employment nor reason for termination changes this requirement. An employee’s service to an employer is completed either by completion of the hired-for task or at termination by the employer. Both constitute a discharge as defined by law. The “discharge” does not require an involuntary termination from an ongoing employment relationship. An employee hired to perform one day of service must be paid at the end of that day.

Payment Location and Method

Terminated employees must be paid at the place of termination. The place of termination is the employee’s location, not the company’s. If the company terminates an employee who is not at their place of business, such as an employee who works remotely, they must be prepared to deliver the final paycheck at the moment they say, “You are fired.” Otherwise, they must pay the employee up until the date that he/she will actually receive his/her final pay.

 

Brownness

3 Weeks

Another week where I pretend that life is back to normal, yet it’s clear it’s permanently changed. Each day I tell myself that it’s OK, that I should be glad for the time I had with him. Yet that deep emptiness won’t go away. Each day, I wake up and for those first few seconds, it feels like just before until the realization hits. I almost wish I didn’t have the words because it doesn’t feel like it eases the pain or makes me feel better. All it appears to do is inform the others as to my state of mind.

There are good moments, loved ones who do manage to make me laugh or ease the pain, but it’s always there. An undercurrent of pain and sadness that courses through my veins, but I do know that the words need to come out. I wish there was a way to get to the part where thinking of him didn’t hurt so much. Old images come up, then others, I am trapped in this position that I don’t know how to change or even if I want to.

So back to work I go, back to the routine of the gym, writing, meditating, smiling, laughing, reading and other things that felt normal three weeks, but now are tinged with the realization that there has been a permanent shift. I search music to find the words because the heart feels empty, but then I hear him in the head not liking all this dramebaazi. Enough he would say. I left laughing, and content which is true. He lived a full life, yet it does not lessen the pain.

So I carry on, pain and grief coursing, starting a new day with the believe that this too shall pass. Honoring his wishes, I begin this day and hold my loved ones just a bit tighter, a little longer, and know that this too is part of life.

Legal

My Car is Totalled But Insurance Wont Pay: Legal Reasons #24

totalled_carWhen you are involved in an auto accident with another driver who is at fault, either he or his insurance company is responsible for making you “whole”. That means that you are entitled to be put back into the same position you were in prior to the accident, financially speaking. No better, no worse. Suppose, for example, your 2005 Honda Civic was totaled in the accident. It was in very good condition and was worth (Kelly Blue Book value) $14,000, but it was dented before the accident, so the insurance company is deducting $1500 from its value and they are willing to pay $12,500. If the insurance company is going to get the salvage, you should get that $12,500. In addition, you should not be out-of-pocket for any other costs resulting from the accident such as the cost of storage, a rental car both while you’re waiting for settlement and while you’re shopping (for a reasonable time) for a replacement vehicle, sales tax, title fees, registration on your new vehicle, etc.

If the insurance company for the at-fault driver is refusing to pay “all costs”, find out why — and get it in writing. There are many reasons why an insurance company might refuse to pay all costs. Perhaps they don’t think your costs are reasonable, maybe you rented an expensive car, kept the rental way too long, or perhaps liability is an issue. In any event, speculating won’t help you. You need to find out from the adjuster why they will not pay all your costs, and, specifically, what specific costs they are unwilling to pay.

In California your own insurance company is not required to pay for your sales tax, registration and title fees associated with purchasing a new or used car to replace your totaled vehicle under your Collision coverage. If, however, another motorist is at fault for the crash, public policy dictates that you can collect from that person’s insurer all costs you incur directly because of the car wreck, including the costs associated with purchasing a new car after your old one is totaled. The bottom line is that you have the right to recoup the costs related to fixing the life disruption you experience as a result of the accident.