San Luis Obispo, CA asked in Employment Law for California

Q: What if my employer didn't give me my last paycheck at termination, but I received a direct deposit 10 hrs later?

Related Topics:
2 Lawyer Answers
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Sacramento, CA
  • Licensed in California

A: An employer must provide an employee with their final paycheck immediately upon termination. If an employee is unable to receive their final paycheck on their last day of work, such as in the case of a mailed paycheck, the employer must still ensure that the paycheck is delivered to the employee on the next business day.

Therefore, if you did not receive your final paycheck at termination but received a direct deposit 10 hours later, it is possible that your employer may have violated California law by not providing your final paycheck immediately upon termination. However, your damages may be slim to none if it was paid on the same day.

If you believe that your employer has violated California wage and hour laws, you may wish to consult with a qualified attorney who specializes in employment law. An attorney can help you understand your legal rights and options, as well as advise you on the best course of action, which may include filing a wage claim with the California Labor Commissioner's Office or pursuing legal action against your employer.

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

A: Your employer paid you timely. Your employer must pay you with 24 hours if you are terminated or 72 hours if you quit.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.