Sacramento, CA asked in Employment Law for California

Q: Ok i got fired on wed the 6th i asked for my check and they are making me wait intel payday wich is monday the 11th

Arent they suppost to give me my check the same day i got fired

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

A: Under California law, when an employee is discharged or fired, the employer is required to pay the employee all of his or her wages immediately at the time of termination. This includes any earned and unpaid wages up to the final day of work.

If an employer fails to pay these final wages on the day of termination, they may be subject to a penalty. This penalty is called a "waiting time penalty," and it consists of a full day's wages for each day the payment is delayed, up to a maximum of 30 days.

Given your situation, if you were terminated on the 6th and your employer is making you wait until the 11th for your final paycheck, this could be a violation of California labor laws. It's advisable to communicate with your employer and remind them of this legal obligation.

If your employer still fails to comply, you may consider filing a claim with the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). They can assist in enforcing your rights to receive your final paycheck in a timely manner.

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

A: If you were terminated, your employer must pay you all compensation earned within 24 hours. For each day late, your employer should be required to pay 1 day's pay up to a max of 30 days. If you were terminated on the 6th, your compensation was due on the 7th. If you are paid on the 11th, you are entitled to 4 days of waiting time penalties. You can file a claim with the Labor Commissioner or hire an attorney to assist you.

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