San Francisco, CA asked in Employment Law for California

Q: How long does employer have to provide me with last paycheck once terminated?

I was under a subcontract agreement for six months and the employer chose not to reinstate contract. When must the employer provide me with last paycheck?

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2 Lawyer Answers

A: There is no law that requires a final payment on a contract in a contractor/subcontrator relationship. The terms of the contract would control.

If you were actually an employee and not a contractor, then the employer has to pay the final paycheck on the day the employment is terminated.

It sounds to me like you need to seek out a specific consultation to determine if you were really a contractor or an employee.

Good luck to you.

A: Assuming you are a employee, your employer must pay you within 24 hours of termination. You are entitled to 1 day's pay for each day late up to a max of 30 days as waiting time penalties.

Your question is unclear as to who your employer is or if you are an independent contractor.

You should speak with an employment lawyer. Most provide free consultations.

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