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

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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