Modesto, CA asked in Education Law and Employment Law for California

Q: I currently left a job at a school district. I put in my two weeks notice and worked the full two weeks.

On my last day they informed me that I will not get my last check until the end of the pay period at the end of the month. Are they able to do that? Is that legal?

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if an employee resigns and provides at least 72 hours of notice, the employer is required to provide the final paycheck at the time of separation. However, if less than 72 hours notice is given, the employer has 72 hours to provide the final paycheck. This paycheck should include all earned wages and accrued vacation time.

Since you provided two weeks' notice and worked until the end of that period, the school district should have given you your final paycheck on your last day of work. If they did not do so, this may not comply with California labor laws.

If your final paycheck has been delayed beyond these legal requirements, you may want to contact the California Labor Commissioner's Office. They can provide guidance on how to proceed, and if necessary, assist in claiming unpaid wages.

1 user found this answer helpful

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

A: The other answer provided here was generated by a computer using AI technology and posted by a family law attorney. It is wrong. Do not rely on that information.

Because you worked for a government entity, the law that governs your situation is entirely different.

Your government employer had the right to wait a reasonable time to get your final paycheck. The next pay period would certainly be reasonable.

Good luck to you.

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