Rialto, CA asked in Employment Law for California

Q: When an employer quit a job how long does it take for the company have to pay you your last check in California?

Related Topics:
3 Lawyer Answers
Maya L. Serkova
Maya L. Serkova
Answered
  • Orange, CA
  • Licensed in California

A: Calif. law requires an employer to pay all wages earned plus all earned and unused vacation pay on the last date of employment if the employee quits and provides at least 72 hours notice.

Brad S Kane agrees with this answer

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: It depends on the nature of your employer.

A government employer must pay your final paycheck within a reasonable time. That standard will depend on the circumstances of your particular situation.

A non-government employer must pay you your final check on the day you are terminated, or within 72 hours of the day you gave notice of your intent to quit, or on your final day of work, whichever is later.

Good luck to you.

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: In California, when an employee quits their job, the employer's timeline to issue the final paycheck depends on the circumstances. If the employee gives at least 72 hours of notice before quitting, the employer must provide the final paycheck at the time of separation.

However, if the employee quits without giving 72 hours of notice, the employer has 72 hours to pay the final wages. This final paycheck must include all earned and unpaid wages, including accrued vacation pay if applicable. It's important for both employers and employees to understand these rules to ensure compliance with California labor laws.

If the final paycheck is delayed beyond these time frames, the employee may be entitled to waiting time penalties. These penalties accrue at the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days.

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.