Rules for Final Paychecks
If you are fired, laid off, or otherwise involuntarily separated from your job, you are entitled to your final paycheck immediately (that is, at the time of your firing or layoff).
Your employer may not wait until the next scheduled payday or even the next calendar day to pay you what you are owed. And, your final paycheck must include all of your accrued, unused vacation time or PTO.
If you quit your job and give your employer less than 72 hours’ notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours’ notice, you must be paid immediately on your last day of work.
Like employees who are fired or laid off, your final paycheck must include all of your accrued, unused vacation time or PTO.
To discourage employers from delaying final paychecks, California allows an employee to collect a “waiting time penalty” in the amount of his or her daily average wage for every day that the check is late, up to a maximum of 30 days.
For example, if you typically earn $80 a day and your employer is ten days late with your check, you may be able to collect a penalty of $800.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or online.