Burney, CA asked in Employment Law, Business Law, Collections and Employment Discrimination for California

Q: Hi, I gave a weeks notice at work because I got a far better job that wanted me to start ASAP, my last day was the 28th

My 2 questions are 1) am I owed a days wages for every day after the 28th my check is late, because I read online if you give over 72 hours notice they have to have your check ready on your last day and will be penalized if it's not, and 2) do I have to sign anything prior to receiving my final paycheck even if I gave them a signed notice? My manager asked me to make sure to sign a form with my SSN number.

Additionally I've worked for this company for 4.5 years and I'm numb to the poor ways I've been treated so this would be just another thing for them to screw me over on.

2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: If you worked for a California non-government employer, and if you can prove the withholding of your final paycheck was willful, then you are entitled to get not only your final pay, but also 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.

An employer cannot require an employee to sign anything to get a paycheck. Withholding your final check because you refuse to sign a document would be a willful refusal to pay your final check on time.

Good luck to you.

Brad S Kane agrees with this answer

Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: You do not have to sign anything to receive your final compensation.

You are entitled to 1 day's pay for each day your final compensation is late up to a max of 30 days pay, unless your work for the governmental.

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