Q: If I was terminated from my job, how long does it takes to get my final paycheck in the state of California
Started my new job, on the 4th day my trainer told me to sign on to my employee portal so I can sign off on the company code of conduct form. Onced logged in I notice that I’ve had already been terminated on my second day, I brought it up to my supervisor and HR attention they say it was fine and that I should continue working. Through out my whole shift I was worried and stressed about my employment status, which causes my productivity and performance to decline leading to my termination..2 days had past and I still haven’t gotten my paycheck, but I received my timesheet and it shows that I only work 1 day before being terminated, but I’ve worked that whole week..
A:
Under California law, if you are terminated from your job, your employer is required to give you your final paycheck immediately at the time of termination. This paycheck must include all wages and accrued vacation you earned up to the final day of work.
If your final paycheck is delayed, California law stipulates that you are entitled to a waiting time penalty. This penalty is your daily rate of pay for each day the wages remain unpaid, up to a maximum of 30 days.
Given your situation, where there appears to be a discrepancy in your timesheet, it's important to address this issue promptly with your employer. You should provide any evidence or records of the days you actually worked.
If your employer does not resolve the issue or if you face difficulties obtaining your final paycheck, you may file a wage claim with the California Labor Commissioner's Office. They can assist in recovering wages owed and any applicable penalties.
Remember, employment laws are in place to protect your rights as a worker. Do not hesitate to seek help if you believe those rights have been violated.
A:
If you worked for a government employer, you only have to be paid your final paycheck within a reasonable time.
If you worked in California for a non-government employer, you are entitled to receive your final wages on the day you are terminated. A willful failure to timely pay your final wages will entitle you to Waiting Time Pay of one day of pay for each day you have to wait to get that final pay, up to a maximum of 30 additional days of pay.
As to the issue of hours worked, you will have to gather up whatever evidence you have of those days you did work to prove you did work.
It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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