Usually, your employer has to give you your final paycheck on your final day of employment, but that can change depending on how you left your job. If you did not receive your final paycheck, or it was delayed, you may have a wage claim against your former employer.
You do not have to go up against your employer on your own. A Los Angeles employment lawyer can help you with your claim.
When Does Your Employer Have to Give You Your Final Paycheck?
In California, an employer must give an employee their final paycheck on the final day of employment. However, if you quit with less than 72 hours’ notice, then your final pay must come within 72 hours of your final day.
What Does a Final Paycheck Include?
Your final paycheck should include your wages for all hours worked during your final pay period. Additionally, any earned but unused vacation time must also be included.
In California, there is no legal requirement for severance pay. However, if your initial employee contract included a severance package, that should also be paid out under whatever terms were originally outlined.
Can Your Employer Withhold Your Final Paycheck?
No, your employer cannot withhold your final paycheck. If an employer tries to stipulate that you must sign any documents or make any verbal agreements before receiving your paycheck, they are violating California’s labor laws.
If this has happened, you should contact an employment lawyer in Los Angeles as soon as possible.
What Happens if an Employer Delays Your Final Paycheck?
If your employer delays your paycheck, then they are subject to a penalty under California’s Labor Code. This penalty is called the “waiting time penalty.” Under it, employers who fail to give final paychecks may have to pay employees their daily wages for each day of the delay.
For example, if you quit on the first of the month and did not receive your final paycheck until the 15th, then your employer would need to provide you with an additional 14 days of pay.
What If You Were Paid for Your Hours But Not PTO?
The penalty still applies even if you did receive a final paycheck, if it did not cover the entirety of what you were owed. As described above, PTO should always be included in your final paycheck.
Is There a Maximum Penalty?
Yes, there is a maximum penalty amount of 30 days of pay. So if your last day of employment was May 1 and you weren’t paid until July 1, you would still only receive 30 days of pay.
What if the Employer Cannot Pay?
The employer’s inability to cover your final paycheck is not a valid excuse. Other invalid excuses include:
- The employer claims that they only pay employees on regular payroll days.
- They cannot get you a check on time due to payroll being in a different state or their payment processor being out of the office.
Is This Penalty Only for Full-Time Employees?
No, any part-time, temporary, or full-time employee is covered by the Labor Code. However, it does not apply to independent contractors.
(310) 526-8383What Should You Do If Your Former Employer Did Not Give You Your Final Paycheck?
If your former employer did not give out your final paycheck, then you can file a wage claim with the California Labor Commissioner’s Office, or you can bring a court action against the employer.
Filing a wage claim typically involves proving that you were owed a set amount of money and that you did not receive it. Once the claim is filed, the Deputy Labor Commissioner will decide if the claim should be settled at a conference with your employer, at a hearing, or dismissed.
Claims are typically only dismissed if you are unable to verify that you are owed a final paycheck. If the claim is resolved at a conference, for example, the employer agrees to pay the final paycheck and the penalty, then no hearing is needed.
What Does the Hearing Involve?
If a hearing is needed, it is similar to a court case. You and the employer will be sworn in and need to give statements. The proceedings will be recorded, as well. Once evidence has been submitted, a decision is made.
If the claim does not go in your favor, you can appeal the decision in a civil court.
How Can an Employment Lawyer Help With Your Case?
If you’re wondering, “When does my employer have to give me my final paycheck?” it’s likely because you haven’t received one. An employment lawyer in Los Angeles can help you pursue the full amount you are owed, as well as any applicable penalties.
Your attorney can:
- Gather documentation to support your claim.
- Help you fill out and file your claim to ensure accuracy and completeness.
- Negotiate with your former employer on your behalf.
- Represent you at a hearing or in court, when necessary.
- Handle any appeals that are needed.
Your lawyer will also support you in the legal process by ensuring you are informed and updated throughout the case. This will give you confidence and peace of mind.
Contact a Los Angeles Employment Lawyer Today
When does your employer have to give you your final paycheck? Typically, they must pay you on your final day of employment. When they don’t, an employment attorney in Los Angeles can help.
At Omega Law Group Accident & Injury Attorneys, our legal team treats every client with compassion. We work on contingency fees, so we only get paid if we recover compensation for you. Contact us today for a free consultation.
