Stockton, CA asked in Employment Law for California

Q: I was terminated from my employer and haven’t received my final check, ask and I was told I have to wait

For the next pay period, which is a week ahead, can they do this?

Related Topics:
2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: The answer to your question depends on m any tings not included in your question, including Whether your employer is a governmental entity, and whether you worked in California or somewhere else.

If you worked in California for a non-governmental employer it is violating the law. Your employer was required to pay you your final paycheck, including any unpaid accrued vacation pay, on the day of your termination. If an employer does not do so, and if you can establish that the failure was willful, you are entitled to Waiting Time Penalties in an amount of one day of pay for each day you are made to wait, up to a maximum of 30 additional days of pay.

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 is terminated, the law requires that the final paycheck be provided immediately at the time of termination. This includes all earned and unpaid wages up to the final day of work.

If your employer has told you to wait until the next pay period, they are not complying with California labor laws. This delay can result in penalties against the employer. For each day your final wages are delayed, you may be entitled to a day's wages as a penalty, up to a maximum of 30 days.

To address this, you can file a wage claim with the California Labor Commissioner's Office, also known as the Division of Labor Standards Enforcement (DLSE). They are responsible for enforcing state labor laws and can assist in recovering your unpaid wages and penalties.

Keep a record of all communications with your employer about your termination and the delayed final paycheck. This information will be useful in your claim.

If you need further guidance, consider consulting with an attorney who can provide advice specific to your situation and help in recovering your wages and any additional compensation you may be entitled to. Taking prompt action is important in these matters to ensure your rights are protected.

Brad S Kane agrees with this answer

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.