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?

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2 Lawyer Answers
James L. Arrasmith
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  • 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
  • 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.

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