If you are an employee in California and have not yet received your last paycheck from your employer, you may wonder what your next steps should be. Our Sacramento employment law team discusses the laws surrounding unpaid wages in California and what employees can do if they have not been paid correctly.
When Will I Receive My Last Paycheck?
According to California law, employees who are fired or terminated must receive their wages, bonuses, commissions, accrued vacation, and expense reimbursements on the same day they are terminated. Employees must be paid within 72 hours if they quit or resign without notice.
If a California employer fails to pay an employee's final paycheck on time, the employee may be entitled to seek damages for each day the wages remain unpaid.
Do All Employees Have to Get Their Final Paycheck on Their Last Day?
Under California final paycheck laws, terminated employees are generally required to receive their final wages upon termination. However, some exceptions allow employers additional time to provide the last paycheck following termination of employment. Exceptions include :
- Quitting without notice
- Seasonal worker layoffs
- Motion picture layoffs
- Oil drilling layoffs
- Live event venue workers
What Can I Do If My Employer Denies Me My Last Check?
If an employer does not provide a final paycheck within the required time frame, the employee may be able to seek damages. How much an employee can recover depends on how long the employer takes to issue the final paycheck.
Willfully refusing to pay an employee's wages is a misdemeanor punishable by a fine of up to $1000, 90 days in jail, or both. If you have not yet received your final paycheck from your employer, and you believe that you are entitled to it, there are a few things that you can do to get the pay that you deserve. It is highly recommended to consult with an experienced employment lawyer. An employment lawyer can assess your situation and suggest the best legal course of action.
How Law Office of Jeffrey D. Fulton Can Help
If you are an employee who has not been paid correctly, Law Office of Jeffrey D. Fulton can help. We are a law firm specializing in employment law, and we can help you get the wages you are owed. Contact us today to learn more about how we can help you get the money you are owed.
Get in touch with us today through our website or give us a call at (916) 318-3388.