Can I be mailed my final paycheck?

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Can I be mailed my final paycheck?

I was terminated very rudely without warning on a Friday and my district manager says that he is

sending my check on Monday and will send me the tracking number. Is this legal?

Asked on May 20, 2019 under Employment Labor Law, California

Answers:

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

Answered 1 year ago | Contributor

No it is not. In CA, an employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Waiting time penalties are imposed on employers who fail to pay final wages when they are due. The penalty is the employee's average dailly wage for each day the employer is late, up to a maximum of 30 days. So for example, a business that waits 2 weeks before providing a fired worker's final paycheck would be liable for 14 days of wages as a waiting time penalty. Waiting time penalties are calculated based on the employee's regular rate of pay, including regularly worked overtime and commissions. At this point, you can file a complaint with the California Division of Labor Standards Enforcement (DLSE) or you can file a lawsuit against your employer.

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

Answered 1 year ago | Contributor

No it is not. In CA, an employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. Waiting time penalties are imposed on employers who fail to pay final wages when they are due. The penalty is the employee's average dailly wage for each day the employer is late, up to a maximum of 30 days. So for example, a business that waits 2 weeks before providing a fired worker's final paycheck would be liable for 14 days of wages as a waiting time penalty. Waiting time penalties are calculated based on the employee's regular rate of pay, including regularly worked overtime and commissions. At this point, you can file a complaint with the California Division of Labor Standards Enforcement (DLSE) or you can file a lawsuit against your employer.


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