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Fired, when should I receive last paycheck?

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booksrmylife

Junior Member
What is the name of your state?
California.
I was let go a week ago Friday. (2/18)I have not received my last check. The employer is telling me that I have to wait until the regular payday, which falls on March 4th.

When I did payroll many, many years ago, it was my understanding that in CA, terminated employees were to be paid within 72 hours... I have no idea what the law is now.

thank you
 


JETX

Senior Member
booksrmylife said:
What is the name of your state?
California.
I was let go a week ago Friday. (2/18)I have not received my last check. The employer is telling me that I have to wait until the regular payday, which falls on March 4th.

When I did payroll many, many years ago, it was my understanding that in CA, terminated employees were to be paid within 72 hours... I have no idea what the law is now.

thank you
Your employer is not correct.
An employer that terminates (fires or lays off) an employee must immediately pay the employee all of the employee’s unpaid, earned wages (California Labor Code Section 201). This final payment must include wages earned for days of work up to and including the last day of work, as well as payment for any accrued and unused vacation time. It is unlawful for an employer that terminates an employee to withhold final payment until the end of the pay period.
Source: http://www.las-elc.org/finalpay1.pdf

The 72 hour rule:
An employee who resigns from a job must be paid all unpaid, earned wages within 72 hours (3 days) of the resignation (Cal. Labor Code §202).
 

cbg

I'm a Northern Girl
Your employer is playing with fire. On Monday, call the CA DOL wage and hour division; I promise you your employer will hear from them.
 

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