San Bernardino, CA asked in Employment Law for California

Q: I got terminated from my job. I got paid the day after by direct deposit. I’m a CA resident.

It shows on my bank, Employer withheld back almost 300 from my check.

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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 you are terminated from your job, your employer is generally required to pay all the wages you are owed immediately. This includes any accrued vacation time. If payment is delayed, you may be entitled to waiting time penalties under California Labor Code Section 203.

If your employer withheld $300 from your final paycheck, it's important to understand why. Employers can make deductions from a final paycheck only for specific reasons, such as required tax withholdings, court-ordered garnishments, or for repayments of loans or advances you agreed to in writing.

If the reason for the deduction is unclear or seems unjustified, you have the right to inquire with your employer for a detailed explanation. If the deduction was not lawful, you may file a claim with the California Labor Commissioner's Office.

It's advisable to review your pay stubs and any related documentation carefully. If the deduction appears to be improper, seek legal advice or assistance from the Labor Commissioner's Office to understand your rights and the steps you can take.

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

A: Your employer may not deduct money from your wages without either legal authority (i.e. taxes) or your written authorization.

Assuming it was not authorized, you will be entitled to waiting time penalties of 1 day's pay for up day late up to a max of 30 days.

You can file a complaint with the Labor Commissioner, sue in small claims or hire an attorney to assist you.

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