My employer fired me 5 days ago but I still haven’t received my full check, what am I entitled to?

UPDATED: Oct 2, 2022

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My employer fired me 5 days ago but I still haven’t received my full check, what am I entitled to?

On the last letter, they said that I got fired on the 1st but I didn’t receive my check until the 5th. I have outstanding payouts that I use my money to shop for the restaurant and I’ve asked them multiple times when they’re going to pay me, however they always say tomorrow. I just gave up asking and still haven’t received this. Isn’t there a penalty for late payment?

Asked on September 9, 2019 under Employment Labor Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue your former employer for breach of contract/ account stated. You can file your lawsuit in small claims court. Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed.
Upon prevailing in the case, you can also recover court costs which include the court filing fee and process server fee.

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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