I quit my job is my employer legally obligated to mail it

UPDATED: Oct 1, 2022

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I quit my job is my employer legally obligated to mail it

I’m aware California state law requires me to get paid within 72 hrs and after that there will be a penalty. My question is does my employer need to mail my check out? Would it be wise to call my employer to mail it out or should I just wait?

Asked on October 2, 2017 under Employment Labor Law, California


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

Answered 5 years ago | Contributor

Under CA law, a worker must be paid their final wages within 72 hours of leaving their place of employment. The exeption being, if the employee gives at least 72 hours notice of their intention to quit, then their wages must be paid at the time of quitting. Further, a worker who quits must be paid at the office or agency of their employer in the county where they worked. That having been said, an employee who quits without 72 hours notice may request that their final wage payment be mailed to a designated address; the date of mailing will be considered the date of payment. An employer who willfully fails to pay any wages due within the timeframes provided under state law, may be subjet to penalties from the date the wages were due up to a maximum of 30 days unless the employer can show that a good-faith dispute existed concerning whether any wages were in fact due.

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 AttorneyPages.com 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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