Smith v. Superior Court

Opinion

BAXTER, J.

Section 201 of the Labor Code 1 provides that if an employer “discharges” an employee, wages earned and unpaid at the time of discharge are due and payable immediately. Under section 203, an employer’s willful failure to pay wages to a “discharged” employee in accordance with section 201 subjects the employer to penalties.

The question presented is whether the discharge element of these two statutes requires an involuntary termination from an ongoing employment relationship, such as when an employer fires an employee, or whether this element also may be met when an employer…