Recently fired and employer wont pay amount for work immediately

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Recently fired and employer wont pay amount for work immediately

I was recently fired and employer is refusing to pay me immediately, he claims he
cant pay me cash and that the amount needs to be the amount after taxes is this
true

Asked on July 23, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It doesn't matter if he says he "cant" pay cash--he MUST pay you under the law. Legally, if he fails to do so, you can sue, including for additional days pay as set forth under the law. That said, lawsuits are never, no matter what the law says, 100% a guaranteed thing. (I have seen judges frankly ignore the law on occasion). Lawsuits also take time and cost money. Therefore, while you have very strong grounds to sue, it would be best to settle amiably: send your employer a copy/print-out of the CA statute as back-up, and ask he pay you withing five (5) business days or else you will sue and ask for all penalties or other amounts to which you may be entitled. If you are paid without having to sue, good; if not, you can sue in good conscience, knowing you tried to avoid a lawsuit (and can show to the court that you did everything reasonable to settle without litigation).


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