Q: What can I do if my employer haven’t given me my final paycheck yet? It’s been a week since I’ve been fired.
I’ve messaged him multiple times regarding my final paycheck but he hasn’t responded yet. I live and California and I know that employers have to give you your final paycheck the day you are fired. Am I entitled to waiting time penalty?
A:
If you are terminated, you are entitled to your final paycheck within 24 hours. If your employer willfully fails to provide it timely, you are entitled to waiting time penalties equal to 1 day's pay for each day late up to a max of 30 days.
Keep your documentation and you may want to have a lawyer assist you, since attorney's fees are recoverable. Alternatively, you can file a complaint with the Labor Commissioner.
Maya L. Serkova agrees with this answer
A:
If you worked for a government employer, or a private employer doing business on federal government property, the California Labor Code provision giving you the right to waiting time penalties does not apply to you. If you worked for a private employer not located on federal government property, then you will be entitled to waiting time penalties equal to one day of pay for each day you are made to wait for your final paycheck, up to a total of 30 additional days of pay, if you can prove the failure was willful.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.