Final Paychecks – When Are They Due? (2023)

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.


  1. Marina Estrada on August 16, 2019 at 9:09 am

    My husband worked at a hot water solar company and this place hasnt payed employees on time for the past 4 months they are 5 days late when they sould be getting payed every friday. my husband last week didnt get payed this week on wed. My husband says they got a text that they will not be getting paid this fri. Every employee in they shop that is. So my husband thu found a new job quit the solar job and ge still hasnt got paid is there any penalty for this going on 2 weeks. Please any help with this situation. Thank you in advance.

    • Red on August 21, 2019 at 12:39 pm

      Go to whichever government office that handles the labor law disputes for your state. Google the number and call them. my ex had this happen and they paid him, I believe a full days wages for every day he waited after 72 hours, and it was shiockingly simple and fast. Good luck

  2. C.M. on August 10, 2019 at 4:53 pm

    I was a new hire at a nursing home and worked only three 8-hour shifts before handing in my resignation for reasons I won’t go into. Currently, two full days have passed since the 72-hour deadline expired. With such a short work history with the home (I wasn’t there long enough to even get a first paycheck), will the late penalty still apply? Thank you!

    • Jorge Rodriguez on August 23, 2019 at 3:03 am

      I was wasn’t let go or fired but they haven’t put me back on the schedule.

  3. Sherrie on July 29, 2019 at 10:53 am

    I was let go on 7/24 and he stated it was for job abandonment on 7/23. Mind you we have no schedule that is visible to any employees, so I was unaware I had to work. I received my last paycheck but wasn’t paid for one day.
    I also had six days of sick time on my paystub. I was only paid for 3. Am I entitled to the other 3 sick days? He said I wasn’t. We have no employee handbook and many labor laws aren’t being followed by this company.
    Please help. Thank you.

    • Renee Viehmann on July 31, 2019 at 7:07 pm

      If your sick time and vacation time are separate, then no, you aren’t entitled to the sick time. You would only be entitled to the unused accrued vacation (assuming that vacation is arrcued as opposed to an annual lump sum “gift”). If you have sick and vacation in a lump sum called PTO, then yes, you are entitled to the payout of the remaining 3 hours.

      -Renee (not a professional)

  4. Manuel Miranda on July 26, 2019 at 9:51 pm

    Put 2 week notice in. Worked and asked plenty of question before my off boarding to avoid surprises. 1 week from from my notice I was told I would only get paid out vacation and would loose sick time. Knowing that I advised my supervisor I would use my time as not to give away free money. He okd it. I got it signed off on my time sheet by the program manager. Used 2 hours sick pay on my second to last day for a dentist appt. And used 10hrs on my final day. Received my final paycheck 2 days later and was not paid accurately to my time card. It showed 30hrs straight paid and no sick pay was used. Called back and was given a story that it was not approved by upper management. Called hr and they agreed it was my sick time and I should be able to use as I please as long as it was pre approved for use durning my last 2 week. Which it was. Now I’m fighting to get paid correctly. I feel there was some time card fraud as my time card was signed off and approved and accurately showed my real time used. My final paycheck did not reflect. If pre approved and signed off shouldn’t my time card be legally binding? I don’t believe I should be at fault for lost wages if I had accrued sick time, it was pre approved by the manager. Now I’m getting the run around from my previous employer.

  5. Avery on July 12, 2019 at 1:54 am


    I worked 2 shifts at a new job & was then ‘let go’ via voicemail. Super upsetting. Anyways, they said they would get my paycheck out to me immediately; (voicemail was left on a Thursday). They mailed it and it didn’t show until 3 (business) days later. I received it the following Monday.

    Considering it was mailed out same day, but I didn’t physically receive it until 5 days later, is this legal?

  6. Danny on June 10, 2019 at 11:15 pm

    I gave a months notice To my
    Employer. I was informed on my last day, which was a Friday, that my pay would not be completed until the following Monday. It was not ready that Monday and I text my boss to inquire about and they said they had 72 hours business day to pay me and that it would be ready on Wed… I thought that if you give enough advance notice employer is suppose to pay you on your last day? I’m also having difficulty getting paperwork needed to transfer my profit sharing and 401k. I was told by fidelity that they are still waiting for information from my employer needed for 2018 numbers and that my employer has to provide me with the paperwork to transfer funds? Fidelity agent said they should have numbers for me by end of the month and that was a month ago now. What can I do?

  7. joy on June 4, 2019 at 3:37 pm

    I was fired by text by my boss and in the text he said that I don’t need to return to work the next day and that he would send my final paycheck to me by mail.
    Then I texted back that I quit.
    Is this considered fired or quit, for my final paycheck. Because if It was fired, then he would have had to give it to me that day right?

  8. Jo on May 31, 2019 at 9:49 am

    I get paid bi-weekly my job shorted my paycheck by 39.45 they said I submitted my time card late and I’ll have to wait to get the rest of my pay until my next pay period which is two weeks from now, I need my money for bills. I feel like this is unfair. How can I go about this? this is also a post they made for the entire company just a few days ago. Moving forward… if your time card is not in while I’m processing payroll, I will finish my report with what is in the system. That means you will get paid what you have until next payroll.Moving forward… Correcting your errors should not consume my task of completing payroll. This is not up for a group discussion, if you have any questions please come see. Is this legal?

    • CWang on June 6, 2019 at 9:54 am

      No this is not, this is why CA requires defined work weeks and disclosed pay dates for those dates on the wage theft notice. They owe you your wages for the days in the pay period on the actual pay period. Just because your timecard isn’t submitted is not a legal justification for not paying you your wages; this is an internal management issue, not yours.

    • Paul on April 22, 2020 at 1:21 pm

      My driver quit on a monday at 5.30 am, no notice.
      I have tried by phone calls and texts for him to please come over and pick up his last check…no luck…im getting tired of chasing him to give what is his.
      Help,what’s next.

  9. Chelley on May 29, 2019 at 10:37 pm

    I gave my job notice on May 8 that I was putting in my 2 weeks notice. I later told them I would stay until the end of the Month (May 31) due to someone quitting on the spot to help them out which is well more than a 2 week notice.
    I said I would get my final paycheck on my last day of work May 31st and my manager said that they would not have it available until June 3.
    Am I wrong, or Don’t they need to provide me my paycheck on my Last day of work in the state
    California? And if they don’t have it ready until June 3, then thy must pay me a penalty fee for not having it ready on May 31?

    • Josh on August 29, 2019 at 2:19 am

      Assuming you are in ca then yes by providing at least 3 days notice you are entitled to receiving your last check on your last day of work. If you wished to pursue it they would be on the hook for 3 days worth of penalties

  10. Carol on May 14, 2019 at 2:29 pm

    I was fired yesterday with no previous verbal warnings or write ups. I owed the practice $700 for services rendered to my family and I was having payroll deductions. My final paycheck was deducted that amount in whole without any written agreement from me. Is this legal??

    • Lee Tipton on May 22, 2019 at 7:20 am

      I have actually been to the labor commissioner over something just like this – and no – it is NOT legal. That labor commissioner told the owner of the company that I was doing payroll for that she could NOT withhold ANYTHING other than NORMAL amounts that are withheld on a biweekly basis – which were normal payment amounts. Instead she had me hold out an old uniform bill that the guy had never paid and she had me hold out the full amount. She had to refund it all – but the commissioner did not make her pay any penalties.

    • Linda on August 26, 2019 at 10:53 pm

      No they can not do that!

  11. Ingrid Ayudan on May 3, 2019 at 4:42 pm

    It’s past 72 hours and it’s next payday and I still haven’t received my check

    • CWang on June 6, 2019 at 9:55 am

      Send an email and follow up with a phone call, so you have a legal timestamp of when you made attempts to contact them. Let them know that by law, you are owed all your remaining wages, including any accrued, unused vacation (if they give you accrued vacation).

    • Jennifer on July 18, 2019 at 2:15 pm

      I gave 2 weeks notice today and my boss said to just leave now. I don’t even need to finish the day. They did not give me my final paycheck. They said I will receive it in 72 hours. Is this correct?

      • Josh on August 29, 2019 at 2:26 am

        No it is not. That would be legal if you had quit without notice they would be allowed 3 days. But the moment they fired you on the spot they were on the hook to pay you same day. Additionally in ca if you had just arrived you would be guranteed 2hrs for that day.they owe you penalties but it is up to you , to collect them

  12. Angel Marquez on April 10, 2019 at 4:58 pm

    I was fired and asked for my last check and I was hired through the company but yeah any ways they denied me my money said they were going to send it through to address I put down and they said it another day was delivered but it didn’t that’s a case right????

  13. Lori Kern on April 9, 2019 at 4:34 pm

    I had an employee who worked 3 months and one day after being sent home early and told to call the next morning to see if he was to come in , he did not and waited til the end of the day to call and quit. would that be considered a no call no show, and is there a law stating that a paycheck stub must be supplied . I normally process payroll on the day I hand out checks so I don’t give out a check stub. but now the former employee is demanding to have them. I just hand write checks I only have 2 employee .

  14. Kalani on March 30, 2019 at 12:19 pm

    Have you still not gotten paid yet? And if you did how long did it take? I’m currently in the same situation and today makes 72 hours.

  15. Tony on March 19, 2019 at 11:57 am

    So I started working at restaurant as dishwasher worked 7 days straight but left near end of shift at 7th day due to personal issues it has been 72 hours and still have not received final paycheck or not received any info. I am also located in Ca , how would I proceed

  16. Al on February 21, 2019 at 12:11 pm


    I voluntarily left my job on 2/8/19 on a friday. I gave my manager the two weeks notice before my last day. The manager didnt tell my boss about my two weeks until three days before my last day.

    My boss told me he would mail me my final paycheck. As of today, 2/21/19 i still haven’t received my check. Am i owed late payments? Can my boss retaliate in anyway if i file a complaint?

    Thank you for your time

    • Vanessa on March 1, 2019 at 11:49 am

      Yes! You are entitled to pay for everyday you haven’t received it. Same thing happened to me and my job was 2 weeks late getting me my final pay. They paid me an extra check for everyday I didn’t receive it. I basically got 2 checks and I didn’t work for the second. They can’t do anything about it. When you ask, list the California code and you’re safe.

      • Art on May 9, 2019 at 10:19 am

        Just wondering, what about if the check was cut and sent to the address on file but didn’t get there a week later?

  17. Evelyn Mae Horrell on February 17, 2019 at 12:19 pm

    On February 13th my boss accused me of theft and told me to leave and that I was no longer working for you cuz I was a thief so would I still be covered under the final paycheck laws of California also Our normal payday would be today February 17th but he’s trying to tell me that he can’t do any checks until tomorrow he knows that I need my check he knows I have five kids I’m trying to keep warm and provide for and he knows that I need that money what should I do

  18. Mary on February 11, 2019 at 1:43 pm

    LA County says that since they are a government agency, they do not have to follow these final paycheck laws and I will likely get my final check with paid out vacation/PTO in 4-6 weeks… is this B.S.????

    • Josh on August 29, 2019 at 2:33 am

      Defi ately contact a professional. There are no exemptions that i have heard of to justify this.for everyday they are late thats another day they have to pay you for (upto 30)

  19. Adri on January 26, 2019 at 9:23 am

    I put my notice in on January 14th so my last day is the 28th, which is Monday. I have already received my last paycheck on Thursday combined with my other hours from last week. Is this legal? I did some overtime so I’m not sure how this works. Also, the reason for leaving the company is because they are having me do work that is not in my job description nor do they want to pay me the correct amount for it. We also just got raises and the person who has been here 2 years longer than me are at the same rate, and the guy I’ve been here longer than by a year is making the same rate. So, now we are all working at the minimum wage rate. Is there anything against doing that?

  20. khanhlongaa on January 17, 2019 at 7:35 pm

    California cash checking ?

  21. Ana Quintero on January 13, 2019 at 9:30 pm

    The company I work for gives out non discretionary bonus for management at the end of their fiscal year. The company state that in order to be paid out bonus, you must be employed at the time of payout. In California, if I leave after the end of their fiscal year and am entitled to bonus, do they have to pay it out or are they correct in stating I need to be employed at time of payout?

    • Tiffany on February 5, 2019 at 8:46 am

      Unfortunately I’m in the same boat. Should you get your bonus? Morally yes, but a company will look at any reason not to pay out. So, you have to be employed when they distribute the bonuses in order to get it. Shady, but sadly true. It’s totally discretionary. For example, they CAN pay you the bonus, but that would not be likely.

  22. Kayla on January 7, 2019 at 6:53 pm

    I was fired 12/28/18 today is 1/7/19 I have still yet to receive my final pay what can I do about this ? I’ve called my old job they give me the run around or don’t respond to my messages.

    • Tina B on January 28, 2019 at 1:58 pm

      Go to the labor commissioner’s office in your area

  23. Anthony Bennett on January 4, 2019 at 12:18 am

    I gave 5 day notice after only 30 days of employment (all items discussed at orientation gradually changed to no OT paid, no driving time paid in company vehicle, no compensation for on call, etc.) and was rejected with a NO, turn in vehicle NOW Dec22 2018. Vehicle was picked up Dec23 per co-owner schedule. Today is Jan 3rd and no paycheck , pay day was 12-25. Company wont respond to calls/texts. They owe 3 weeks @$4000+. With 30 day penalty and OT actually paid, its @$7000. Help!

  24. O. Delapaz on December 18, 2018 at 12:11 pm

    I was fired on 12/13 while on my shift at work and the check was overnighted but apparently they had wrong address and package was returned to Georgia. They are telling me it may be mailed out today. Should I have been given my check the day I was fired?

  25. Elizabeth Banuelos on December 5, 2018 at 8:46 pm

    I was scheduled to work and my employer told another employee I wasn’t needed the next day for work due to having someone else coming in for a job interview. I was left without a job shift at last minute unable to fill a day’s position. What’s my right in this case? Any comment and Information is greatly appreciated

  26. Ivy Lee on November 28, 2018 at 12:33 pm

    Hi, one of my employee didn’t show up to work on Monday (11/26/18) without notice and we try to contact him but no answer. What should I do for his final check? (Our regular payday will be 11/30/18) His last day became 11/23/18 and do I owe him any waiting time penalties? Please help. Thank you.

    • Annie on December 12, 2018 at 9:30 pm

      document that you made efforts to contact the employee and then send the check along with proof of your efforts to the nearest labor commissioner.

  27. Alexander A Amparan on November 18, 2018 at 3:27 am

    I was fired September 5th and didn’t get my last check till September 12th 2018

  28. Presila Almanza on November 12, 2018 at 11:10 pm

    I resigned from my job on November 8 and I asked my general manager when I would get my last paycheck and one of the managers that was in the room said that if I have direct deposit that it would take one to two business day and I was ok with that. It’s already November 13 and I still haven’t seen my check in my account. So am I supposed to contact my previous employer or am I supposed to contact HR? Or am I supposed to contact the Labor Commission?

    • Jake Scozzaro on August 21, 2019 at 12:48 pm

      I quit my job last Wednesday because my hours we were cut substantially my employer said she mailed check last Friday it’s now Wednesday and I have still not received my check any advice on next step from here

  29. Kimberly on November 7, 2018 at 2:08 pm

    I quit my job on Nov 1, 2018 in person 4 hours before my shift started in person because lack of cashiering policies and accountability issues. I told my store manager I will be back in 72 hours to pick up my check he said OK. I came back 72 hours later a sunday and he was off and was also told from other managers they know nothing about my final check was told to come back tomorrow and so I did and my manager was there and told me my check isnt there and that he will call HR after me letting him know of the 72 hours law so than on Tuesday i recieved my final check by fedex Nov 6th 2 days late and it did not include the late days it took for me to recieve it and so I called corporate on Nov 6th and spoke to payroll and explained to her about my final check being late and so forth of the 72 hours and oweing me the 2 days late she told me to email her and she will get it taken care of. So I emailed her on the same day and now it is Nov 7th and no check still for the late days I even emailed her again today and called her ext and left a message. Is it true that she now is on the hook for 3 days late and 4 if i don’t get my check till tomorrow? Also I never asked for my check to come in mail I said I will be picking it up like usual from the workplace and wasnt aware it was being mailed till monday evening.

  30. ANGELA on November 2, 2018 at 12:54 pm

    I had an emergency and was sick at home and was out of work for 1 week. I was gonna go back to work on Monday but that morning a few hours before my shift I called the general manager and let him know that I would resigning, he said okay and told me he would talk to HR. and that if I can give him a resignation letter. I told him I would see if I can because I was going to have to make emergency trip to Mexico. they then called me Wednesday and the manager texted me same day my check was available to pick up. I told her I would not be able to pick up. if they can mail it to me or if my family can pick up. She texted back saying no that I have to go in person. I called payroll and hr for the last 3 days since I know they have to mail it to me but don’t want to and left several messages and no-one gets back to me.

    • A. Webber on April 2, 2019 at 11:33 am

      If the restaurant that I’ve worked at for many years closed down without any notice on the day of my shift am I entitled to any severance pay? I know my final paycheck is required, but do they owe me anything else?

  31. Candice on November 1, 2018 at 9:35 am

    I quit my job and requested that my final check be mailed to me and the employer direct deposit the check? Aren’t they suppose to comply with the request to mail the final check!

    • Jennifer on December 20, 2018 at 2:55 pm

      That’s a bit petty, some Companies would not want the risk of losing final pay check on the mail or be the cause of delayed payment, since it is required by the law to pay the employees within 3-5 days after separating from the company, they most likely did that to follow the law.

      You received the funds, done.

  32. Lyn on October 30, 2018 at 12:29 am


    I quit without notice on 9/22, I asked my employer to mail me my final paycheck. They said they mailed it on 9/28 and should receive it in 7-14 business days. I received it on 10/23. A little over 14 business days. Shouldnt I have gotten my final check within 72 hrs. Does my employer owe me waiting time penalties for 4 weeks.

  33. Hans on October 21, 2018 at 9:52 pm

    My employer sold our company. Our final day was Friday, July 20th and we were all going to be working for the buyer of the business. On the final day the checks were printed and handed out in a conference room located at the other end of the property. The problem is that there was no mention or email sent to alert us of this.

    Word of mouth got about 95% of the employees to the conference room and they received their checks. For the 15 of us who were not lucky enough to have been a part of the word of mouth, we didn’t get our checks. At the end of the day I realized I had not received my paycheck and went to the HR office but the door was shut. I had to pick up my kids and had to leave. I assumed it would be discovered that my check was not given to me and would be put in the mail or fedexed the next day. It was put in the mail on Tuesday (4 days after).

    My question: Was it my job to hunt down the check? Was the obligation on my employer to hand me the check (or direct me to where they were being handed out)?


    • John F on October 25, 2018 at 10:22 pm

      I think it kind of both your fault. The company should definitely paid you right away. At the same time, knowing that it was EVERYONE’S last day like a mass layoff you should have been more aggressive in getting paid. But the good thing is that you actually got paid.

  34. Denise on October 5, 2018 at 6:32 pm

    My employee was on vacation & called me today to let me know she is not coming back to work. It was Friday at 1:30 pm. We work Monday-Friday. When do I have to give her final check?

    • Jason on May 15, 2019 at 12:55 pm

      Hi I quit my job on 5/1/19. I was due a stipend of 800 for previous months and never received it even though I have been asking. I also haven’t received reimbursement for travel that was approved two months ago. What can I do here and am I am to recoup daily wages for each day that passes?

  35. GARCIA on October 3, 2018 at 1:11 pm

    I quit my job as of 9/26…I called asking when my last check will be available (no answer).
    On 10/3 I got a call saying I could pick up my last check on 10/5 after 12pm. Am I owed any money?

  36. Lee on September 27, 2018 at 9:14 pm

    I gave my employer a 2 week notice.
    My last day was on Monday.
    I did not receive a check.
    I called the laborboard they told me to wait 72 hours. So now its 72 hours and still no final pay. I received a email stating I would receive my regular pay but not my final pay! I also worked 3 days that they still owe me and my vacation time.
    What should I do? Contact the laborboard again?

  37. Kathryn on September 22, 2018 at 11:01 pm

    If you’re fired and your employer pays days later, how do you collect the penalty money? I don’t believe that they just willing pay you.

  38. Philip on September 18, 2018 at 6:59 pm

    I was fired on Tuesday 9/11 and didn’t receive my final check until 9/17. How many day pay is my former employer on the hook for?

  39. Sherry Brestel on September 12, 2018 at 3:57 pm

    My daughter resigned her part time job on Saturday and it is now Wednesday here manager stated they have to issue her check in 72 hours and it is not there fault if the mail takes longer, is that true

    • Eugene Lee on September 14, 2018 at 9:21 pm

      The law isn’t clear about that particular issue, so it really depends on who your particular judge is. I believe most judges would agree that if the employer gets the last check in the mail within 72 hours (after notice of resignation or after the last day of work if no notice was given), that would NOT trigger waiting time penalties. You would need to check the postmark.

  40. Michelle on September 10, 2018 at 11:38 pm

    Hope i’d get an answers, I quit my job and I submitted one week notice. I was expecting to get my paycheck on my last day but then they said they will just mail it to me so i went home and until on that day while im in the middle of freeway driving back home they suddenly texted me that my final check is ready and I they couldn’t mail it to me bec it is not allowed. So the next day i asked my husband to get it for me as i cannot do it myself. I made an auth. Letter including copies of my valid IDs. That was saturday, then i had to wait today, which is Monday for the bank. I went to bank of america and the said that they couldnt encash my check and have to contact the check provider, I am direct deposit and i asked them to do it but they said they cannot “again”. So what should I do? Please i need help… thank you in advance..

    • Eugene Lee on September 11, 2018 at 9:13 pm

      You should immediately submit a request in writing to your employer (via text or email) asking that they immediately mail your last check to your home address (spell out your home address too so they don’t “accidentally” send it to the wrong address). You should explain in the writing that the check was rejected by your bank. The employer must comply with your request. If they don’t, please feel free to give us a call at (213) 992-3299.

      Remember, do everything in writing so you have a record. If it isn’t written, it didn’t happen.

      • Michelle on September 17, 2018 at 11:48 pm

        Thank you so much for the help. God bless you.

        • Eugene Lee on September 18, 2018 at 5:39 pm

          My pleasure! Have a great week

          • Matt on October 30, 2018 at 8:07 pm

            Is text and email considered written?

  41. Linda Traynor on August 22, 2018 at 11:41 pm

    I was terminated on 8/16 at the start of my shift at 1500 hrs. I was not given my last check nor were there any mention of it. I am in California. I worked Wednesdays-Saturdays 10 hour shifts. We got paid every other Tuesday with my last pay day being 8/14. As of right now my final check is 4 days late…it has not been mailed either. What is the penalties for employer that they will owe me?

    • Eugene Lee on August 29, 2018 at 7:31 pm

      The 30 day waiting time penalties start on the day you were terminated, which is 8/16. So if it’s been 4 days, then the penalty is 4 days.

  42. Liz on August 21, 2018 at 9:54 am

    My last day of work was Nov.10, 2016, 10 days before I gave birth. Thinking of going back to work but then changed my mind and sent my resignation letter in July 2017. I have not gotten paid for my accrued vacation and cafeteria money (employer give us $470 a month to pay for insurance and can keep whatever is left, and I never cash out the leftover). After many text messages and email they finally agreed to give me the money but asked me to fill out a W-9 form. I was a W-2 employee. Do I have to fill out a W-9 in order to get my money? Also how do I show IRS that this money was owed from 2016 instead of income of 2018? I don’t have health insurance this year, and worried that I will get the 4% penalty based on this money. Thank you so much for your time.

    • Eugene Lee on August 29, 2018 at 7:33 pm

      Filling out a W9 is just the employer’s way of confirming your social security number for tax-reporting purposes. You should go ahead and fill it out and give it to them. As for tax-related questions, sorry but I’m not a tax expert. I strongly suggest speaking with a tax CPA so you can get the most accurate answers!

  43. Tiff on August 20, 2018 at 1:10 pm

    My final check was paid to me with sick pay hours and not my hours id this legal

    • Eugene Lee on August 29, 2018 at 7:33 pm

      Were you owed for hours worked that were unpaid? If so, then that is illegal and you would be entitled to waiting time penalties.

  44. Branden A Rasmussen on August 13, 2018 at 10:01 pm

    I have given 2 weeks notice at work and I work a graveyard shift, I know my employer has to give me my check on my last day but does that mean by the end of my shift on my last day or do I have to come back before the end of the business day for my check? The company is les that 20 people so does my employer have to provide me Cal-COBRA information?

    • Eugene Lee on August 13, 2018 at 10:14 pm

      About your last check, he has to provide it to you on your last day before the end of your shift. In other words, you shouldn’t clock out and leave without your last check.

      About Cal COBRA, unfortunately, I’m not an expert on that. Not sure who you’d ask about that.

      • Branden on August 14, 2018 at 3:09 am

        Thank you for the VERY fast reply and the confirmation of the information.

  45. Kenn on August 13, 2018 at 2:29 pm

    Why is my question/comment from earlier today not showing up?

  46. Kenn Schmidt on August 13, 2018 at 2:21 pm

    I work in the entertainment industry and I was just booked for a one-day job at minimum wage. When I asked when and how we would be paid, I was told in an email that we would be paid on a W-4 within “net 30 days,” but it would PROBABLY be within 3 weeks.When I said that 3 weeks was acceptable, but pointed out that paying on a “net 30” agreement was illegal according to the California Labor Board’s website, and sent them the appropriate paragraphs quoting the Labor Board’s guidelines regarding this, I received a reply by email that they were “going a different direction” and I was no longer needed. Isn’t this illegal and discriminatory??

  47. Tim on August 13, 2018 at 8:08 am

    If I quit on Thursday but the payroll office is closed during the weekend, does my employer still have 72 hours, as in Sunday to send out the check? Or 72 business hours which would make around Tuesday or Wednesday?

    • Eugene Lee on August 13, 2018 at 11:10 am

      It’s 72 regular, not business, hours. But I’m not aware of any legal opinions that answer your question exactly. I will say that if your employer gets the check out on Monday, I think that would be considered within the 72 hour deadline, since businesses are closed on Sunday.

  48. Jennie on August 10, 2018 at 7:03 pm

    I just sent them my resignation. I still have 48 hours for sick pay. My question is my company must include the sick pay in my last pay check right? Because they told me they will refuse to pay me my sick pay. It’s happen with my pay sick 2 years since I’m with them. They never give out. What should I do?

    • Eugene Lee on August 10, 2018 at 11:40 pm

      Unfortunately, unused sick pay is not paid out in your last check. In that sense, it is different from PTO or vacation.

      • Mary on June 27, 2019 at 1:44 pm

        I worked as a temp in a temp to hire position for just over 4 weeks. My recruiter told me she was technically my manager, I worked for the temp agency, and all my paychecks and time cards were done through the temp agency. This temp to hire position wasnt working out for me for a few reasons so I told my recruiter I wanted to stop working there. I worked Mon thru Fri and was paid weekly on Fridays, with direct deposit arriving one day early on Thursdays. On a Wednesday at 8am I told the recruiter I wanted to quit. I asked if I should give the company I was temping at a few days or talk to them and the recruiter advised me to just leave my key before anyone arrived so I wasnt seen and go home, since I was a temp no notice was needed. I had just learned the day before, my last working day, this company wanted to hire me on and buy out my contract, but I didnt want to stay so I felt I needed to act quickly so they didnt waste money buying out my temp contract. I approved my time card for that week as soon as I gor home on a Wednesday at 8:30am, only having worked two days that pay period (Monday and Tuesday) and texted my recruiter right away with no response back. I followed up the next day via email with the recruiter about getting my final paycheck. The recruiter called me and told me the 72 hour rule only applies if you are terminated and I would revieve my paycheck on the next regular payday – which I recieve a day early from direct deposit on the following Thursday. So my last full working day was a Tuesday, notice was given Wednesday at 8am but I didnt work/get any hours for that day (even though I drove to work on time in professional attire ready to give notice) and wasnt paid until the following Thursday. Including the day of notice, Wednesday, and the next regular direct deposit payday, Thursday, thats 7 business days or 9 days. Im not sure what days to count or not. Should I have recieved my final paycheck sooner, within the 72 hours?

  49. Teena on August 10, 2018 at 2:35 pm

    So I have a question, what if at 4:30 pm on Friday, someone gets fired and the payroll person is not there to cut the final check and have it signed by the company. Can they do this on Monday, overnight it to the person and not get into trouble with the DOL?

    • Eugene Lee on August 10, 2018 at 11:41 pm

      No – the employer is required to cut the check to you on your last day. At this point, the employer is late and on the hook for waiting time penalties. You should consider filing a labor board complaint.

  50. Kate on August 4, 2018 at 1:05 pm

    My last day at work was 08/03. I was given my last pay check on 08/01 and I submitted it to my bank account but today on 08/04 I got an email from bank telling me that the check was withdrawn and I was also charged a fee for that by the bank. Initially my employer was asking me to pay them money for the immigration expenses incurred to get my work visa as I signed a paper which states that I will have to pay them if I leave before completing 12 months after getting the visa. I have completed 10 months since I got the visa but they still wanted me to pay full amount. According to that paper I have 30 days to pay them and my new employer agreed to pay the expenses once I start working for them. So I told the same to the HR at my current company and I didn’t hear back anything from them after that until today when they withdrew the final paycheck.
    What should I do? Do they have right to withdraw the paycheck without even telling me?

    • Eugene Lee on August 7, 2018 at 11:36 pm

      Hi Kate, I think a lot depends on what agreement you signed with your employer. It’d be very difficult to give you any definitive answers without first reviewing that agreement. We’d be happy to take a look, please feel free to call us at (213) 992-3299.

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