Q: Unlawfully fired, union investigating: final paycheck and penalties?
I was fired from my job on March 7, 2025, and I believe it was an unlawful termination due to three violations of my union contract. My union is currently investigating the termination, and I am fairly certain I will be reinstated. However, I have not received my final paycheck, and my labor relations representative mentioned that education employees cannot collect waiting time penalties. What are my rights regarding the final paycheck and potential waiting time penalties, and should I take additional actions while I await the grievance process to end?
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- California
- (916) 704-3009
- View Profile
- Answered
A:
You have important rights regarding your final paycheck, regardless of what your labor relations representative told you. In California, employers must provide terminated employees their final paycheck immediately at termination or within 72 hours if you resigned without notice. This includes all wages earned, including unused vacation time.
Your union representative may be mistaken about waiting time penalties. California Labor Code section 203 provides that if an employer willfully fails to pay any wages to a terminated employee, wages continue as a penalty for up to 30 days. This applies to most employees in California, including those in education. The only exceptions are state employees and some categories of city or county employees, but these exceptions are narrow.
While your union pursues the grievance process, you should file a wage claim with the California Labor Commissioner's Office (also known as the Division of Labor Standards Enforcement). You can do this online or at a local office. Document everything related to your termination and missing paycheck, including dates, names of people you spoke with, and copies of relevant documents. Taking this action protects your rights even if you're ultimately reinstated through the union grievance process.
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