Hayward, CA asked in Employment Law for California

Q: I quit my jobs due to toxic and unprofessional work place I didn’t give a notice I just quit . Oct 23 2021unpayed wages

I texted boss owner letting him know I can’t work in toxic environment he texted me saying how I didn’t know how to use computer and that he didn’t need me I told him if he can please have my check ready and he said to First take a computer class and about learning how to clean pee from restroom whatever that means and then he text me that my sister and I were unprofessional ( he needed a housekeeper so I got him a housekeeper to work which was my sister she worked to days she can see how unprofessional business was and he wanted to pay her only 12$ hrs I worked front desk clerk I need my check I’m past due with bills what should I do!! Please help

Related Topics:
2 Lawyer Answers
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: When you quit a job, the employer has a legal obligation to provide you with your final paycheck within 72 hours of the date you gave notice. 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 for the final check, up to a total of 30 additional days of pay.

There is no quick way to force payment. You can hire an attorney to pressure a settlement and that might get your money sooner. Otherwise, legal action would need to be taken, such as filing a lawsuit or filing an administrative complaint with the Labor Commissioner. Those processes will take months to get you money.

In short, you need to figure out how to deal with your monetary shortfall because you should not expect quick payment.

At this point the prudent thing to do is to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

Brad S Kane agrees with this answer

Brad S Kane
Brad S Kane
  • Los Angeles, CA
  • Licensed in California

A: Your employer is required to pay you all compensation earned within 72 hours of your resignation. For each day late, you are entitled to 1 day's pay for each day late up to a max of 30 days.

In addition, you sister is entitled to be paid at least the minimum wage, which in California is $13/hr for employers with 25 employees or less, $14/hr for employers with 26 or more employees. In addition, cities and counties can have higher minimum wages.


Your sister will also be entitled to liquidated damages equal to the amount of the underpayment.

You can have a lawyer assist you or file a complaint with the Labor Commissioner, but that process is very backlogged.

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.