Final Paychecks – When Are They Due? (2021)

Paycheck A question I hear a lot is: “I just left my job, when is my employer supposed to pay me my last paycheck?” The answer is: it depends.

If you were fired or laid off

If the employer ended your employment — fired you, laid you off, eliminated your position, etc. — they must have your final paycheck ready for you on your last day of work.

If you quit – without notice

If you ended your employment — you resigned or you quit — without notice, then the employer must have the check ready for you within 72 hours AFTER your last day of work.

If you quit – with notice

But if you quit AND if you gave at least 3 days advance notice to your employer of when your last day of work will be, then the employer must have your final paycheck ready for you on your last day.

Some additional things to keep in mind about final paychecks

  1. The final paycheck must include pay for all hours you have worked, including any overtime and double time. It must also include payment of any unused vacation hours or PTO. Note, you are NOT entitled to be paid for any unused paid sick hours unless the employer’s policies or agreements with you say otherwise.
  2. The employer cannot make you wait until the next payday to give you your last check.
  3. The employer cannot attach any strings to your last check. For instance, the employer cannot hold back your check unless you agree to sign a bunch of papers, or unless you first turn in your keys and uniform, or unless you pay back the loan they gave you, or unless you pay for the damage you did to the company vehicle, or unless you first talk to the company’s lawyers, etc.
  4. If you ask the employer to mail the last paycheck to you at your home address, the employer must comply. They cannot force you to come to the office to come pick up your final check if you do not want to.

If your employer fails to give you your final paycheck on time

If your employer does not comply with the above, then they are the hook to pay you a penalty for each day they don’t pay you all of your final wages, up to a maximum of 30 days of your average daily pay. See California Labor Code Section 201 and Section 203. For most people, that ends up being 1.5 months of pay! The employer does have certain legal defenses to these penalties, but they are narrow and can be difficult to establish.

Above all, keep in mind, your final paycheck has special status under the law. If your employer has not given you your last paycheck on time, consider filing a labor board complaint. Also, consider talking things over with a lawyer as there could be more penalties that apply to your situation.

284 Comments

  1. Lisa on October 1, 2021 at 4:19 pm

    If I gave 30 days notice and my company has not yet given me my final check that was due on the 30th/my final day, do weekend days count as penalty days as well? Also are then entitled to pay you for coming in to get the check?

  2. Irene on September 29, 2021 at 9:54 am

    I was extended an offer for work as a salaried exempt manager with annual pay of 95K. The letter stated my start day of 09.08 and received email with time and same date too. I arrived on
    09.08 and was told no one is here and we don’t know what to do. Yes, I was perplexed to say the least this was very unprofessional to say the least. So I reached out to the Senior VP of HR/Recruiting via cell and was given “oh I’m so sorry maybe you can just come back again tomorrow”. So I left still very puzzled, days later resigned. Now the company did not pay me for 09.08 the day I showed up, nor accrued vac or even provided a pay stub for monies sent direct deposit ( I did not give my consent for) . Do they owe me for 09.08 as stated in offer letter? What are the reasons not providing a check stub on final pay?

  3. Shirley on September 27, 2021 at 4:12 pm

    YOU’RE RIGHT WITH THAT. THE LAWS PROTECT THE COMPANIES.

  4. Mike on September 22, 2021 at 6:14 am

    I work for the county of Fresno, I put in my two weeks notice and was told on my final day I’ll get my regular paycheck and two weeks later I’ll get my final with vacation time paid out.

  5. Laura Campi on September 8, 2021 at 6:45 pm

    I gave two weeks notice, received my final paycheck on my last day, then a week later on regular pay day the company direct deposited the same funds from my final check into my bank account, so I was double paid. I reached out to let them know of the error and they asked me to write them a check for the total because it was too late to reverse the funds paid to me. Is that correct? Should I write a check for the pre tax or post tax amount? What about my 401k?

  6. Traci Kohler on September 4, 2021 at 6:37 pm

    my daughter didn’t go to work for three days, I know not smart, was technically off on saturday, then went to her scheduled shift on Sunday. When she got there she clocked in and went to her check stand (she was on the new weeks schedule … her brother works there too so he sent it to her). She was called into the managers office 5 minutes later by the asst manager and was informed that that she was terminated, that the manger had already filed all the paperwork and it was out of his hands and she needed to leave. She got no paperwork, not final check, no anything.

    On weds, Sept 1st she got her direct deposit (as usual.. it was pay day). Today she got a letter dated Sept 1st saying she was terminated for Job Abandonment citing the 3 days she didn’t call out of work. However she did show up to work between then and Sept 1st and she was on the work schedule so do they owe her penalties for the 3 days between the time she was informed of termination and the time they paid her? She has also never been given a final pay stub so she isn’t even sure if they paid her for all the vacation time she is owed (she worked full time for about a year and a half).

    they called her once on Aug 25th to find out where she was, once on Aug 26th, and didn’t even contact her on the 27th. She was off on the 28th. Came to her shift on the 29th (she was late but did arrive). she was scheduled to work the 29th, 30th, 1st and 3rd that week (38 hrs) so no indication she was terminated. The schedule was posted on Thursday the 26th … but it is not uncommon that they pull the schedule down and change it after posting it when an employee leaves etc.

    I am familiar with job abandonment but she was told she was terminated on Sunday the 29th which in my mind means they owed her a final check. They never sent a certified letter, reached out to see if she was ok to our familiy (we live 2 blocks from the store and everyone there knows me and several employees have my cell number)

    Oh and my daughter was attacked by a stranger several months ago in the store. The former store manager, now on some sort of leave, waited 24 hrs to call the police, the corporate head of security said he would follow up with her as they suspected two employees were involved (dating), one never returned from vacation.. she quit, her boyfriend is still there. The New interim Manager is corporate guy who is clearly towing the “corporate line” and I am now concerned he is targeting my son now as my son has said he has been “talked to” for several very minor errors.

  7. Gina Phelan on September 1, 2021 at 2:06 pm

    Are the rules different for temporary employees like interns who have a defined duration of employment on their offer letters? Do we need to give them a separation letter and pay them on their last day of employment (instead of allowing the last paycheck to be direct deposited through regular payroll (a week later than their last day)?

  8. Alex on August 14, 2021 at 6:33 pm

    Hello, my last day is tomorrow (8/15/21), however, I already received my last pay check, and it doesn’t seem to have any tips of the last week I worked. I work in a restaurant as a food runner and receive my tips in the pay check. The pay period isn’t over for another week, and that’s when the tips are calculated. Am I still entitled to these tips for the past week and on my last day? I gave them a full 2 weeks notice as well. Please advise.

  9. Bria on July 29, 2021 at 8:42 am

    I was suddenly terminated on Tuesday, July 27th. At the time of my termination, the company owed me a final paycheck, as well as submitted expenses from purchases on the company’s behalf. Today, July 29th, I received a direct deposit of what may be my final paycheck, but not for reimbursement of expenses. Are they required to pay everything at the time of my termination? Since they are a Texas-based company and I live in California, which laws apply?

  10. Gail C on July 12, 2021 at 4:51 pm

    I started a job that gets tips and with in a month i realized the tips were not correct on my pay check so I gave a two weeks notice and was taken off the schedule immediately. When can I expect to recieve my final pay check?

  11. Tre on July 5, 2021 at 2:39 pm

    I was terminated on the 26th of June. I asked for my check on the spot. The manager gave some excuse about my hours needing to be factored in or something so it would be to me by the 1st of July. It didn’t come. I reached out to HR PAYROLL and they found that the check had arrived at the job location that morning and informed me that it was being UPSd that day. I asked for tracking information and got nothing. Tomorrow makes day 10. I received an email with tracking this hour. The manager said “we received the check on Thursday. UPS didn’t pickup Friday or today due to the holiday, so it won’t leave the store until tomorrow. ” Am I entitled to receive penalty pay for this entire time? Or is the holiday a well played cop out?

  12. Gus on June 29, 2021 at 5:00 pm

    I was fired from my last job after 10 weeks, I believe it is also a discrimination case but that’s another issue. I was called into the supervisors office and told as soon as you turn in your keys and phone they will have your check for you. He did not have the check. After about a week I called a person I knew in benefits, to find out if my health insurance was good until the end of the month, she told that I still listed as an active employee. I called payroll to find out when I could expect my final check. They said they had not received any information but it would go out at the next pat cycle. Now it is 20 days since I was terminated, and no check. I went to pickup copies of my paystubs, the payroll person got them for me , but no check. They even have in their policy that your final check will be mailed to you in the next pay cycle, that is against California state law. How are they getting away with this?

    • Eugene Lee on July 3, 2021 at 2:59 pm

      There are always exceptions to the rule, however, it does appear that your employer is violating California’s law on final paychecks. You should consider filing a wage complaint.

  13. Elizabeth on June 28, 2021 at 8:20 pm

    Hello Monica, I recently left my job,giving and fulfilling the two weeks notice. I’ve called and they are unsure how I will receive my last check,it has been over 72 hours. The advised it “should” be in my direct deposit come time we normally get paid which is a week from the time I resigned to the time I would normally get paid. Please advise.

    • Eugene Lee on July 3, 2021 at 3:01 pm

      There are limited exceptions to the final paycheck rule. For instance, staffing and temp agencies are permitted by law to issue final paycheck on the next normal payday. However, outside of these exceptions, it does sound like your employer is violating the final paycheck law. You should consider filing a wage complaint.

      • jay on August 17, 2021 at 9:57 am

        Please cite Labor Code that permits staffing and temp agencies to issue final paycheck on next normal payday? In situation where employee is fired.

    • Brandon on September 3, 2021 at 3:46 am

      I was forced involuntary resignation (neither quit nor fired) from my job 08/31/2021 and have direct deposit pay day was 09/02/2021 and I haven’t received my check, I’ve tried reaching out to my employer but have refused to answer me back!

  14. Amanda MacIntire on June 17, 2021 at 2:08 pm

    I reside in California and held a remote/work at home position with an employer based in Florida and was fired. The pay I have received so far was paid according to the regular payday schedule, but they still owe me for two days plus accrued PTO. Do the laws regarding final pay apply to work at home employees the same as on-site workers?

    • Monica R on June 26, 2021 at 10:02 pm

      Hi Amanda! Same final check rules of California apply to work at home employees. If you were terminated by your employer, the final check was due on the same day of termination – including all hours worked and all accrued and unused PTOs / vacation time, therefore, making you wait until the next regular pay date violates the law.

  15. Cesar Villagomez on June 2, 2021 at 4:59 pm

    My employer has sent me my check however did I did not receive it. They have a FedEx receipt claiming it was delivered the day after my final day (I gave a two weeks notice). It has been a week since my resignation and I’m currently talking to HR. What can I do in this situation and what legal defense does the employer have?

    • Diego Ramirez on June 8, 2021 at 7:36 pm

      He can you tell me if you have a solution for it please this litterly happened to me and.

    • Monica R on June 26, 2021 at 10:05 pm

      You can ask HR to put a stop payment to that check and to pay you instead via direct deposit. Since you gave more than 72-hours of notice of resignation, you should have received your final check on your last day of work. You company is in direct violation of the final check laws if they only mailed out your check the day after your last day of work.

  16. PS on May 19, 2021 at 11:58 am

    I am in a sales role where commission is paid out 90+ days after a contract is signed, even though the contract starts immediately once it is signed. If I give notice (they will most likely not have me carry out the notice period), will they owe me for the commission that has been made up until my notice date even though it wouldn’t have been paid out for another 60-90 days?

    • Monica R on June 26, 2021 at 10:09 pm

      If you have already earned the commission, I believe you have a claim for payment upon termination of your employment as this is considered earned wages. Payment schedule set by the company does not mean you have not already earned the commission.

  17. David on May 14, 2021 at 1:03 pm

    Hello–Recently, I left my job after giving three weeks of notice. They gave me my final paycheck four days after my last day. So, they understand they made a mistake and are willing to the late penalty of four days.

    My former employer deducted my 401(k) contribution from my final paycheck but did not transfer it to my 401(k) account until the tenth day after I resigned.

    So, how much should the penalty be, four days or ten days?

  18. Yehleen Habitan on April 19, 2021 at 12:56 am

    My manager texted me on January 26, 2021, at 3:01 pm. He wants me to go to the 3rd-floor corner office next to the Director’s office? He wants to meet with me real quick. When I got to the 3rd floor, I saw another person, and I don’t know who she was. He told me that she’s his partner for what he’s going to say to me. He hands me a letter from the COO stating that my position will permanently eliminate due to a financial crisis and they won’t fill in that position, but after a week since the day I left, they did fill the position. They offered me a job position affiliated with the company that is not related to what I am currently doing. I refused the offer, and I consistently called my recruiter and HR.

    Do I have a case to file a lawsuit against my former employer?

    • Monica R on June 26, 2021 at 10:15 pm

      Depends on what is stated on your employment contract. California is an “at-will” state and generally speaking, an employer has the legal right to lay off an employee when financial times get tough, and then back fill that position as needed. If your employment contract does not have an at-will clause, then you may have a claim.

  19. David on February 1, 2021 at 6:21 pm

    Hired on “salary” paid via salary every check, until
    My last check, which was switched to hourly, and shorted hours. First two weeks of pay were held, then when I resigned, pay check was paid at the “original” pay rate, not my current rate.

    • David on February 1, 2021 at 6:22 pm

      Did not get paid until next pay period as well, nearly 6 days.

  20. Linda C on February 1, 2021 at 9:16 am

    Division was laid off in Nov 2020. Didn’t get final paycheck until companies next pay period, informed them that I should have received on the last day of employment not 10 days later. They paid waiting time penalty for that but did not pay 4th quarter bonus until Jan 2021 and I have yet to receive my annual bonus for work completed (except Dec), they claim “the plan” doesn’t pay out until March 2021. Do they still owe me for waiting period penalties on my two bonus?

    • Monica R on June 26, 2021 at 10:21 pm

      Commissions and bonuses are earned wages and typically must be paid to employees upon termination. Unless there is a forfeiture provision that requires employees to be currently employed to receive the commission/bonus, you must be paid all your commission at the time of termination as part of your earned wages.

  21. Michelle on January 6, 2021 at 6:31 pm

    I gave notice on 12/22/2020 have email proof that My last day would be 12/30/2020.
    I didnt receive my check until 1/6/2021 in an overnight envelope dated that jt was sent from my employer on 1/5/2021. The check is back dated ro the date of 12/30/2020.

    My understanding is I am eligible for penalty pay as my check wasn’t sent or received until a week after my final day (which I gave two weeks notice prior)

  22. Chris c on January 4, 2021 at 7:39 pm

    Hi my final paycheck was supposed to be fedexed to me and fedex has delayed it 3 times. Delaying longer than 72 hours since it seems like this is fedex’s fault would this relieve any liability’s to the employer or are they liable for not sending my paycheck on time. Since COVID the only option they have is to mail me my final check.

    • Monica R on June 26, 2021 at 10:25 pm

      Postage delays do not relieve an employer their obligation to ensure final check is received on time by the employee. Employers have other options to deliver the funds on time such as direct deposit or a pay card.

    • Tre on July 5, 2021 at 2:44 pm

      Thank you for asking this. My situation is different but key factors are there!!!!

  23. fewa on December 11, 2020 at 7:01 pm

    I work in CA, my employer is in NY, I was laid off recently. Received final paycheck 7 days after termination, 11 days later received check for unused vacation. I am still owed 2 different bonus checks. Do they owe me 18 days waiting time penalties? My employer acknowledges that they owe me “waiting time penalties” but disagrees with my assumption that I am owed 18 days, they claim: one does not receive one penalty for late payment of wages and another penalty for late payment of unused vacation. Is that accurate?

    • Monica R on June 26, 2021 at 10:32 pm

      The employer owes you waiting time penalty for every day that your full and final check remains unpaid (including unused vacation time and bonuses and commission earned, barring any forfeiture provisions requiring that you are an active employee to receive payment). For example, if your last day of work was June 1 and then you received your final check for all hours worked on June 8, then another check on June 19 for unused vacation, you are owed waiting time penalties for 18 DAYS which correspond to the number of days your full and final check was not made available to you.

  24. Frustrated Seasonal on December 4, 2020 at 8:35 am

    I gave my notice that 11/29 was my last day of work. This company has not contacted by phone, mail or otherwise and I am owed a final check. What is my next course of action? I have reached out with no response?

  25. A on November 22, 2020 at 3:58 am

    I was laid off 11/18/2020 and was provided with two paystubs. One for the week ending on 11/13/20 and one for 11/20/20….

    Both paystubs have the same check# but different payday timelines.

    I received one payment with direct deposit for one week and nothing for the second week, although they sent me the paystub saying it was paid on 11/18/2020 with direct deposit but I wasn’t paid anything. It’s now 11/22/20 and still no payment.

    I’m afraid to even reach out to them with any questions.

    My employer forbidden me to contact them or any employee and even went as far as saying that I had to be mindful of the company NDA signed agreement and to be careful.

    What should I do?

    Is this considered willfully do they have to pay me for the days that I have been waiting?

    Thank you.

  26. Malon Bruce on October 7, 2020 at 8:55 am

    I am the HR person at our church and our Secretary resigned to care for her mother and then said she would stay on to train the new secretary. She said that she would be back and work as an assistant to the secretary after caring for her mom. So we kept her active on payroll.

    She decided to not come back to the area and so we decided to deactivate her in our payroll system and send her the vacation and sick time that had accumulated.

    My question is, when were we required to do that? What is the time frame to give her the final check in a situation where we weren’t sure when or if she was coming back

  27. Jane on September 14, 2020 at 2:53 pm

    I was laid off and my final day of work was last Monday. Should I have been compensated already for the time worked and also paid out for my unused vacation?

  28. Amanda on July 7, 2020 at 7:19 am

    Hello, I originally gave a two week notice, but it was cut short by two days due to some issues with management. I advised on Tuesday i would not be returning the next week, but there was a holiday in between (Friday, in observance of 4th of July). It is now Tuesday, and no one has spoken to me about receiving my last check. Is it 72 business hours they legally have? Or just 72 hours from my last day?

    • Elysia Long on August 31, 2020 at 8:24 am

      72 clock hours from the time you gave notice.

  29. Elizabeth Perez on June 20, 2020 at 1:40 pm

    Hi, i was suspended from work on 6/8/20 up until they terminated me on 6/15/20. Then I was given 2 additional checks, #1 was for the day 6/15/20(which i didnt work) and #2 was “back pay”(per HR) because My Boss owed me a review on my aniversary date 11/2019(which she never did) & it was a raise of .84 cents.($18.54) Check came out to $454.00. I worked various shifts and get a differential of $2.00 when i work graveyard. Does this seem right?
    Does that sound right?

    • Briseida on June 25, 2020 at 10:48 am

      So I quit my job without notice yesterday at 1:28pm and today I was messaged my them asking for my address and I told them I didn’t want my check mailed I wanted to pick it up and she said no that they were going to mail it and we went back and forth and I told her that I had the right to pick it up and I was the only one that could say u wanted it mailed. Then after she replies and says that she was just made it aware that it was already mailed and I was never made aware of this. Is this against the law? What do I do?

      • Sniff My Cheeks on July 25, 2020 at 6:53 pm

        Bitch, shut up and stop looking for a lawsuit. Stop your whining over a ‘bottom of the barrel cesspool job.’ A common idea would be to go to college – achieving your GED is a honorable start – but shut the fuck up! The way you educate your mind is the exact same way commoners treat you. Oh, commoners are daily folks….I am a disabled student with more collegiate accomplishments than you would imagine. What you currently have going on is your reward for ignorance….Shit pie now eat it but don’t let me smell your breath.

        • Malia on August 7, 2020 at 7:20 am

          Sniff my checks – Hahaha wth is your problem?! Why are you getting all crazy with her? Check yo damn self 🙄

          • Tina on August 8, 2020 at 8:07 am

            Like literally who has time to be that mad on a public question forum

          • Tre on July 5, 2021 at 2:53 pm

            Nobody:

            Sniff Cheeks : 🧏🙆🏾🤯

        • Mar on August 8, 2020 at 11:38 am

          This person was obviously sew,d for all his
          Money LMAO explains why he’s so fucking but hurt, i bet your wife left you now that your moneyless and down on your dick

          • lauri Jo hernandez on July 6, 2021 at 1:20 am

            FYI butt is spelled with 2 t’s. and it’s sued not sewd. Learn how to spell if your going to reply publicly idiot!

        • You’re sick on September 27, 2020 at 5:45 am

          This is a disabled persons complex for sure

  30. Michelle on March 18, 2020 at 8:04 pm

    I work for an employer. After hiring me, they added and additional sister company to my duties but did not adjust my compensation, nor add to my duties in my employee file. Am I due any hourly pay in addition to my current salary?

    • George on March 20, 2020 at 10:18 am

      What if work slows down and i can’t pay my rent

      • Eugene Lee on March 20, 2020 at 11:25 am

        Depending on where you are in California, there may be a moratorium on all evictions. See this link: Newsom did not issue a statewide eviction ban.

      • Marina L on April 4, 2020 at 10:25 am

        I was terminated on March 30th over the phone because headquarters are in a different location. I was only employed for one month. I was told the check would be mailed out to me. It’s April 4th now and I still haven’t recieved a check. If I receive the check does it have to be dated the day I was terminated in order for it to not be late?

        • Minh M on June 8, 2020 at 9:31 am

          They usually base it off the postmarked date (which should be 3/30/2020). People cannot control the speed of the USPS or other carriers.

    • venice gamble on April 30, 2020 at 6:38 am

      Hi Michelle,

      Unfortunately there is no legal statute that required an employer to pay you more for additional duties and responsibilities that they add (that is in addition to what your initial duties were upon hire). My suggestion would be to show your employer you have excelled in the added responsibility and after 6-months to a year, ask for a performance review and therefore a raise… good luck.

    • Sara on April 15, 2021 at 6:27 am

      I had the exact same thing occur and am not sure if they even comped me what they were supposed too. It boils down to backing up what you have in writing and what the sister company has on you as well. I would call the sister company, ask HR for a copy of your specific negotiation agreement by your primary company regarding your wages or what the other company proposed to the sister company as your rate of pay. Good luck.

  31. J on March 18, 2020 at 7:58 pm

    My employer put me on administrative leave for requesting travel reimbursement for a hotel. I used my reward points to pay for the hotel. The company had no policy referencing reward points for credit cards or third party hotel bookings. That is the last I have heard from my employer. I was not paid my weekly hours. What method of delivery can an employer terminate an employee on administrative leave? I did not receive any US mail or certified letter attempted deliveries. Does third party overnight mail count as good faith delivery even if never delivered or delivered late (over a week) if the employer can easily track the undelivered status?

  32. JR on February 20, 2020 at 8:16 am

    All of these articles seem to encourage people to sue everyone. What is wrong with this site and state?
    I came on here, as an employer, to look up current rules and make sure I’m in compliance.
    Virtually every article seems to remind the employee just how much they stand to gain should they decide to sue or complain. Not once does there seem to be a common sense approach like talking to the company, asking if you can have more breaks, etc. It is only look at how much money you can make by not saying anything then, suing.

    • Takethisjobandshoveit on April 13, 2020 at 2:09 pm

      This is the first time I have been to this site and don’t see any of what you claim to see. I can tell you are a true HR “Professional”

    • Malia on August 7, 2020 at 7:25 am

      Hi JR,
      As an employer you should make sure you have someone in place who knows all these laws. Sad to say but for too long a lot of employers have taken advantage of employees. Follow the laws and you won’t have to worry about a lawsuit. 🤷🏻‍♀️

    • Just no on March 18, 2021 at 4:47 pm

      Lol imagine having to pay for every time you break the law? People should be encouraged by to sue if wronged, it shouldn’t be this taboo thing that it is made out to be by some.

    • lauri on July 6, 2021 at 1:29 am

      it is the responsibility of the employer to know the labor laws for their state, educate yourself!

  33. justin on January 22, 2020 at 3:23 pm

    Labor code 201 when am I supposed to receive my 401k after i am no longer an employee with a company?

    i’m trying to get them to give me the paperwork so I can get it to my bank do I have to wait 2 1/2 months?

  34. Jose on January 2, 2020 at 7:16 am

    Name is Jose. I was fired last month on the 22nd never received my last paycheck on that day. What should I do

    • Venice Gamble on April 30, 2020 at 6:41 am

      Contact an attorney to review your rights, explain circumstances, and see if you have a case to seek damages (and if it is worth the time, costs, and aggravation). Best of luck!

    • lauri on July 6, 2021 at 1:33 am

      file an complaint, you are entitled to compensation, penalty pay.

  35. Georgia on December 9, 2019 at 7:28 pm

    I gave a two-week notice to my food service job on Thursday but then found out on Sunday that I would have to start my new job sooner than expected. I texted my manager to let him know then I found coverage for all of my scheduled shifts. Do I have to wait until our next payday to receive my final pay since I left sooner than stated on my two-week notice?

  36. Mabel on November 8, 2019 at 7:50 pm

    Hello!
    I quit with giving effective immediately notice on oct 12 and in the notice I requested my check to be mailed to me (I forgot to write out my address but it shows up on my check) I’ve contacted the office manager via text about 3 times to be exact asking if my check has been mailed and the only time she responded (last week) she said that she would check and if it wasn’t she would mail it, I texted her this week for an update, no response. Am I entitled to wage penalties? It’s been about 28 days since the pay day was due. How do I ask for my wage penalties if I am titled? What happens if they pay me but refuse to give me the wage penalties?

    • SHAYDA on November 21, 2019 at 6:47 pm

      Hi Mabel,

      I recently experienced same issue as you are facing and my situation resulted in a favorable outcome…

      In CA, the penalty is a full day of wages for every day final pay is late…and it caps at 30 days. Penalty applies if Employer WILLINGLY fails to pay…penalty doesn’t apply to an employer that unknowingly fails to pay. That said, the law does not perceive an employer’s ignorance as justification.

      My advice to you…

      Compose a demand letter, include a reference to your resignation letter where your inital request about final pay was stated, along with subsequent calls you made and what you were told.

      Include reference to the
      specific code/labor law that you are protected under, and state exact dollar amount you are owed, followed by the formula used to make your calculation, (be sure confirm your calculation with department of labor prior to sending)

      Demand payment to be issued in order to avoid further penalties.

      In my situation…a measley $100 final pay resulted in the company having to pay me $2400.00.

      Good luck!

      • Greg on July 26, 2020 at 7:00 pm

        Hello,

        I was forced to quit or get terminated due to attendence points, I chose not to quit and told them they could terminate me and HR said ok they’ll send me termination papers and final check as only option. July 9th was not overnighted. Tracking number says made it to usps 11th and now it’s 26th and still hasn’t gotten to me Will I have a winnable claim for penalty pay?

    • JR on February 20, 2020 at 8:18 am

      She says your check is there. Just go pick it up. Why should you be “entitled” to anything more than that?

      • Au on March 5, 2020 at 11:12 am

        Because its the law. They are required to mail it to her if she asks for it to be mailed. Its not that hard to mail a check.
        If it is that hard, then they need a better payroll/HR staff and that’s not her (their) fault.

  37. eboh on October 3, 2019 at 10:00 pm

    so I was terminated on the 25th and I work for a school district. I usually get paid the very last working day of the month. sept 30 came and went and I still do not have any paper works stating the board terminated me and I still don’t have my paycheck. what can I do? I have sick leave, vacation, dependent lea e, and holiday pay that I did not use totaling to 168 hours. are they going to pay me for those hours? if so are they going to be combined with my other pay they owe me?

    • Karin on October 11, 2019 at 7:44 am

      if you are in California they must pay you for all hours worked up to the last day of employment including PTO or VAC depending on the type of time off policy they don’t have to pay you for sick time. the check had o be given to you on your last day of work 9/25 if you didn’t received you can file a claim with the state wage and hours dept you should be entitle to waiting time penalty until the day you receive the check.

    • Maricella Salgado on December 12, 2019 at 8:05 pm

      I work for a school district, and they cut me during my probation period because I was nice and became friends with office staff my last day work when they told me I was fired I ask for my check and they said I wouldn’t get it until the end of month and school district have special law and do not have to give me my check on my last day is that true?

      • James Drawdoow on February 9, 2021 at 2:05 pm

        Maricella: Did you ever get a response or did anyone provide a code section that provides a school district does not have to issue your final check upon termination & won’t have to pay any penalties for failure to do so?

  38. Maggie Sias on October 2, 2019 at 7:16 am

    If an Employer honors a 2-week notice with final date of 10/15, let’s say, but Employee does not need to report to work, is 10/15 still the official final day if he is being paid for regular and OT hours he’d have worked on a regular basis during the 2 week notice?

  39. James Schaeffer on September 20, 2019 at 6:15 pm

    Spoke with eugene lee about a truck driver claim

  40. Rob on September 17, 2019 at 9:40 pm

    What if a final check was never cashed, is the terminated employee entitled to have the check reissued? Is there a maximum timeframe to get this done?

  41. Deb on September 13, 2019 at 6:02 pm

    Can you collect penalty pay for not being paid your penalty pay? I just received my PTO check. That took 12 days. Is the clock still ticking since the have not paid the penalty pay?

    • JC on March 22, 2021 at 4:43 pm

      Did you ever get a response to this? What was the outcome? I have the same situation right now.

  42. Lorena on September 12, 2019 at 11:09 pm

    On 12/03/18 My manager called me at his office and told me a authority above him tell him to let me go, I got paid for the 4 days the I was schedule ti work in that week but he did no give me my last check, that evening my manager called me to see how I was doing, I asked for my last check and he said it will check on it with his manager, next day he told me the I was not fired the I was in the system and I will get pay in the regular pay period, which was on 12/14/18 I was schedule to work other days in December but I was informed by my manager that wont happen do to problems between managers, the called me to work four days in January 19 they never called me back but they said I was not laud off or fire, also did not get my 401K, and they never granted me a single rest period, I was on call employee, but sometimes did worked over 40hrs a week.

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