Corona, CA asked in Business Law for California

Q: What is the law about paying someone their final paycheck when they resign? I am in California

I resigned from my job at UCSD after 11 years, last day was 10/7. I am being told I will not get my final paycheck until 10/27 which will include my PTO payout. I thought the law was they have to pay you out immediately. I called HR and was told they don’t follow that rule, is that legal? If it’s not legal then I would assume this could be a class action lawsuit.

Related Topics:
1 Lawyer Answer
Julie King
Julie King
Answered
  • Monterey, CA
  • Licensed in California

A: No, it is not legal. If an employee doesn’t have a written employment contract for a certain period of time (i.e., a one year term) and voluntarily quits her job:

(1) If the employee gave at least 72 hours’ prior notice of that she will be quitting, the employee must be paid her final wages on her last day of employment.

(2) If the employee gave less than 72 hours’ prior notice, the final wages are due 72 hours after notice of the resignation was provided.

There are other rules if you receive commissions because those are based on the terms of the document you would have signed relating to your commission plan.

As to your question about suing, that depends. If you want to spend a year of your life in court proceedings dealing with this issue, then feel free to contact a class action litigation attorney. Many people would choose to get their money plus penalties owed, then move on with their lives than to give testimony under oath, answer written questions (interrogatories) and all the other work that is involved in lawsuits. But the choice is yours! Best wishes.

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.