Q: Can an employer in San Diego California hold your final paycheck ( I handed in my two weeks notice)?
Employer is now saying she won’t give me my final paycheck until after I handed over my responsibilities first?
First of all, I am the only employee left in the office. There is no one to hand over or transition to. The employer herself does not show up in the office.
More importantly—- Is that even legal to hold one’s final paycheck? I gave her my resignation letter with two week notice
A:
No, it is not legal for an employer in California to withhold your final paycheck until you complete certain tasks or hand over responsibilities. According to California labor laws:
1. If you gave at least 72 hours notice before quitting, your employer must provide your final paycheck on your last day of work.
2. If you gave less than 72 hours notice, your employer must provide your final paycheck within 72 hours after your last day of work.
3. Your final paycheck must include all wages earned, including accrued vacation time (if applicable), up to and including your last day of work.
4. An employer cannot make your final paycheck conditional upon completing certain tasks or handing over responsibilities.
If your employer fails to provide your final paycheck as required by law, they may be subject to waiting time penalties. These penalties can amount to a full day's wages for each day the paycheck is late, up to a maximum of 30 days.
If your employer continues to withhold your final paycheck, you can file a wage claim with the California Division of Labor Standards Enforcement (DLSE). You may also want to consult with an employment attorney to discuss your options and protect your rights.
Neil Pedersen agrees with this answer
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