My manager is withholding my payment until next month but I left the company last week, can I do anything about this?

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My manager is withholding my payment until next month but I left the company last week, can I do anything about this?

Asked on July 21, 2016 under Employment Labor Law, California

Answers:

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

Answered 4 years ago | Contributor

An employee who does not have a written agreement otherwise, and who quits without giving prior notice, must be paid their wages within 72 hours; if the employee gives at least 72 hours notice of theirintention to quit, those wages must be paid at the time of quitting; and an employee who quits without 72 hours notice may request that their final paycheck be mailed to a designated address. An employer who willfully fails to pay any wages due as required by law, may be assessed continuing wages as a penalty from the date the wages were due up to a maximum of 30 days. If you are not properly paid, then you can sue or former employer in small claims court and/or file a wage claim with the Department of Industrial Relations.


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