Gilroy, CA asked in Employment Law and Employment Discrimination for California

Q: Can my employer hold wages from me when I’ve been terminated?

I was terminated on 1/18/23 for no real reason and was given a check and then said my other half of my pay would be deposited and I’m yet to see any of my money. And the check is on hold? Is this legal?

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

A: It is not legal for a private (non-governmental) employer to not pay all wages due on the day of termination. A willful failure to do so gives the employee the right to seek Waiting Time Penalties equal to one day of pay for each day the employee is made to wait for the entire final check, up to a total of thirty additional days of pay.

Good luck to you.

Maya L. Serkova agrees with this answer

Maya L. Serkova
Maya L. Serkova
Answered
  • Employment Law Lawyer
  • Orange, CA
  • Licensed in California

A: 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.

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: No, in California, an employer cannot hold an employee's wages when they have been terminated. According to California Labor Code Section 201, if an employee has been terminated, the employer must pay all wages due at the time of termination, including any earned and unused vacation time or paid time off. If your employer is withholding your wages, you may want to contact the California Labor Commissioner's office or an employment law attorney for assistance.

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