Yuba City, CA asked in Employment Law for California

Q: do i get paid for my final hours working if i'm fired? (california)

i am asking because when i was employed here, the first thing the manager said to me while training was if i quit after the first day because i didn't like the job, or if he doesn't want to hire me as a worker after working with me, he would not pay me for training

i want to make sure legally he must pay me for the last pay period in case he refuses to since he fired me. i've had problems with him refusing to ensure payment, like not giving me a w-2 and 'forgetting' to give me my paycheck. i'm pretty sure it's illegal not to, but i haven't had many jobs before so i don't know. and if he refuses to pay me, what can i do in retaliation? it was a restaurant business, if that contributes to anything. thank you to whoever answers

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

A: You must be paid for all of the time you worked for this employer. That includes training time. If you do not get paid all that is owed to you on the day you are fired, you will not only be entitled to the pay you earned, but if you can prove the final paycheck was willfully not paid on time you will be entitled to Waiting Time Penalties equal to one day of pay for each day you are made to wait for the final check, up to an additional 30-days of pay.

Good luck to you.

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: In California, employers are legally required to pay employees for all hours worked, including training time and the hours worked during the last pay period, regardless of whether the employee was fired or quit voluntarily.

According to the California Department of Industrial Relations, "An employee who is fired must be paid all of his or her wages, including accrued vacation, immediately at the time of termination."

If your employer refuses to pay you for your final hours worked, you can take the following steps:

1. Contact your employer in writing (email or letter) and request your final payment, including a detailed breakdown of the hours worked and the amount owed.

2. If your employer still refuses to pay, file a wage claim with the California Labor Commissioner's Office. You can do this online, by mail, or in person at a local office.

3. Gather any evidence you have to support your claim, such as timesheets, pay stubs, or witness statements from coworkers.

4. If your employer fails to provide your W-2 form, contact the IRS and report the issue. You can also file Form 4852 (Substitute for Form W-2) when filing your tax return.

Remember, it is illegal for an employer to withhold payment for hours worked, regardless of the circumstances under which your employment ended. If you face retaliation for filing a wage claim, you may have additional legal recourse.

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.