Moreno Valley, CA asked in Employment Law for California

Q: I was fired today and they did not pay me my last check

They fired me because I called off 2 days in a row I went up there to get my final check but he said now I have to wait even tho I fired. Am I entitled to the waiting time penalty for every day they dont pay me?

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1 Lawyer Answer
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: If you work for a government employer, the same rules do not apply as if you were an employee of a private employer. We have to start with that issue. If you work for a government employer that employer only has to pay your final pay check within a reasonable time after your termination.

If you work for a private employer then your employer had a legal duty to pay all of your wages and any accrued vacation pay on the day you were terminated. A willful failure to pay on time gives you the right to Waiting Time Penalties equal to one day of pay for each day you are made to wait up to a total of 30 additional days of pay.

A mistake or a good faith dispute about money owed can defeat the willful element of a claim for Waiting Time Penalties.

Good luck to you.

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