Q: Can I sue an employer if the terminated me and I haven’t received my last check

A: Under California employment law, an employee who is terminated must be paid the final paycheck immediately. An employer who willfully fails to pay any wages due to a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days.

To get your final paycheck and Waiting Time Penalties, you have several options: you can try to negotiate payment yourself or hire an attorney to negotiate payment on your behalf. Another option is to file an administrative wage claim with the California Division of Labor Standards Enforcement. And yet another is filing a lawsuit.

Each of these approaches has pros and cons. I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights.

Sincerely,

Maya L. Serkova

A: You are correct. You must be paid all wages owed to you on the date you are terminated. A willful failure to do so can qualify you to get 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.

You have options for how to get your check and penalties.

You can try to get the employer to pay you the money yourself.

You can hire an attorney to demand payment and negotiate a resolution.

You can file an administrative wage claim with the California Division of Labor Standards Enforcement.

You can file a lawsuit.

Each of these approaches have pros and cons. It would be wise for you 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.

A: Under California law, you are entitled to payment of all compensation earned within 24 hours of your termination. (Please note that California enacted exceptions to this rule for Artists like actors and models.)

The employer must pay 1 day's wages for each day late up to a max of 30 days.

You can file a complaint with the Labor Commissioner or retain an attorney to assist you. Attorney's fees are recoverable if you bring a claim in court, but not before the Labor Commissioner.