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

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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

Answers:

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

Answered 4 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.


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