What do I do to receive my final paycheck?

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What do I do to receive my final paycheck?

I worked for a company based in Irvine, CA and I worked out of the El Segundo, CA office. My last day with the company was on 08/18 and I submitted my official 2 weeks notice letter on 08/04. I understand that state law is a bit confusing, especially regarding the 72 hour rule. However, since I submitted my resignation letter much more than 72 hours in advance, my check should have been cut on the 18th and I should have received it, at the latest, by this past week, correct? I also understand from reading the state government website, that former employees are entitled to pay every single day that the company is late with a final check. I have reached out to the company’s HR department but with no response.

Asked on August 22, 2017 under Employment Labor Law, California

Answers:

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

Answered 3 years ago | Contributor

In CA, if an employee quits and gives at least 72 hours' notice, they are entited to their final paycheck immediately (i.e. on their last day). Additionally, employers must include all accrued, unused vacation or PTO in the final paycheck. If a final paycheck is not timely given, waiting time penalties are imposed which is calculated at the employee's average daily wage for each day the employer is late, up to a maximum of 30 days. At this oint, you have 2 options: file a complaint with the Division of Labor Standards Enforcement (DLSE) or file a lawsuit against your employer.  


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