How do I get my former employer to issue me my last paycheck?

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How do I get my former employer to issue me my last paycheck?

Ive tried contacting my previous employer
numerous of times for my last paycheck. She
keeps saying shes going to get it to me but
never follows through. I fear that she will never
pay me. Please help.

Asked on November 29, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

You didn't give the details relating to your departure. However, in CA, an employee who is discharged must be paid all of their wages, including accrued vacation, immediately at the time of termination. A worker without a written employment contract who gives at least 72 hours prior notice of their intention to quit and who quits on the day given in the notice, must be paid all of their wages including accrued vacation, at the time of quitting. An employee without a written contract who quits without giving 72 hours prior notice must be paid all of their wages, including accrued vacation, within 72 hours of quitting. The penalty for violating state final paycheck law can be severe. Failing to timely pay all final wages means the employer owes a penalty. The penalty accrues every day up to 30 days until proper payment is made. At this point, you can file a complint with the Department of Industrial Relations or even sue in small claims court if need be.


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