What to do if my ex-employer failed to give me my last paycheck?

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What to do if my ex-employer failed to give me my last paycheck?

I got hired to a new job. I gave my current employer my 2 week notice. This job pays weekly. I worked my last 2 weeks there. When I went to pick up my last 2 pays check the employer said he could not find them and that he would look into it. I called again a week later he said maybe they had been set via mail and that he would look into it. Another week has passed and same thing was told to me.

Asked on July 10, 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, an employee who gives at least 72 hours notice of their intention to quit must be paid their final wages at the time of quitting. The penalty for violating this law can be severe. Failing to timely pay all final wages means that the employer owes a penalty which accrues every day, for up to 30 days, until proper payment is made. The amount of the penalty is the employee's average daily wage. At this point you can file a wage claim with the Department of Industrial Relations or file a claim against your former employer in small claims court.

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

Answered 3 years ago | Contributor

In CA, an employee who gives at least 72 hours notice of their intention to quit must be paid their final wages at the time of quitting. The penalty for violating this law can be severe. Failing to timely pay all final wages means that the employer owes a penalty which accrues every day, for up to 30 days, until proper payment is made. The amount of the penalty is the employee's average daily wage. At this point you can file a wage claim with the Department of Industrial Relations or file a claim against your former employer in small claims court.


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