Q: how long after separation employer must pay?
Hello, I quit my job (more of a constructive fire) when I quit I asked about my final pay and there was an agreement that they would bring it to me (where I live) because the owners live near me in the same town. They haven't brought the checks in 2 weeks despite me constantly asking about it and them saying 'ya ya we'll bring it by today.' - but never shows... am I owed money for this waiting time/ ?
A:
When an employee resigns, the employer has 72 hours to provide the employee with their final paycheck.
A willful failure by the employer to comply with the final paycheck timing law gives the employee the right to receive Waiting Time Penalties equal to one day of pay times the days you are made to wait for the final paycheck, up to a total of 30 additional days of pay.
To get your final paycheck and Waiting Time Penalties, you have several options: (1) You can negotiate payment yourself; (2) Hire an attorney to negotiate payment; (3) File an administrative wage claim with the California Division of Labor Standards Enforcement; (4) File 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 especially given that you think there may be a constructive termination claim. If your constructive termination proves to be meritorious, you will be entitled to additional damages.
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
1 user found this answer helpful
A:
If you are terminated, you are entitled to all compensation earned, including accrued vacation, within 24 hours.
If you quit, you are entitled to all compensation earned, including accrued vacation, within 72 hours.
For each day late, you can entitled to 1 day's pay up to a max of 30 days pay.
You can have a lawyer assist you in recovering the money by writing a demand and/or either filing a complaint in Court or with the Labor Commissioner. You can also file a complaint yourself with the Labor Commissioner.
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