Can I sue my employer for no wages?

I worked for a retail food chain about 2 or 3 months. They scheduled me to work 9 to 1 for about 3 days. Then they started to cut my hours without telling me and sending me home randomly. During the holidays, I noticed that my paystub wasn’t adding up to the hours I worked, so I gave my 2 weeks notice. On my last day I wasn’t given my paycheck so I waited to get it until the end of the pay period but is still wasn’t there,. I called my boss to see about it and she just told me that she would look into it in a rude tone. What can I do?

Asked on December 31, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under CA law, an employee who is fired/laid off is immediately entitled to their final paycheck. The rules are slightly different when the employee quits. If an employee quits without giving advance notice, the employer must provide the final paycheck within 72 hours. However, if an employee quits and gives at least 72 hours' notice, the employee is entited to the final paycheck on their last day. Penalties are imposed on employers who fail to pay final wages when they are due. Such a penalty is calculated based on the employee's average daily wage for each day the employer is late, up to a maximum of 30 days.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Under CA law, an employee who is fired/laid off is immediately entitled to their final paycheck. The rules are slightly different when the employee quits. If an employee quits without giving advance notice, the employer must provide the final paycheck within 72 hours. However, if an employee quits and gives at least 72 hours' notice, the employee is entited to the final paycheck on their last day. Penalties are imposed on employers who fail to pay final wages when they are due. Such a penalty is calculated based on the employee's average daily wage for each day the employer is late, up to a maximum of 30 days. 


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