It doesn’t matter whether an employee decides to quit his or her job for a better job or start their own business. The departing employee is still entitled to his or her earnings as payment of final wages.
Quitting as Opposed to Being Fired
As opposed to getting fired, if an employee quits their job with at least 72 hours of notice, he or she is entitled to a full and final paycheck on the final day of work. If he or she quits without 72 hours of notice, the employer has 72 hours to provide him or her with their last paycheck. If the employee is fired or laid off, the paycheck must be given to the person immediately. If an employee quits without notice, he or she can ask the employer to mail their final paycheck to a particular address. Under those circumstances, the law requires that the paycheck be mailed to the employee within 72 hours. This is provided for in section 202 of the California Labor Code.
Vacation and Sick Days
Under any of the above circumstances, unused paid vacation time or sick days that were built up by the employee must be paid. Failure to compensate the employee accordingly can result in a penalty being levied against the employer of the daily rate of pay for each late day up to 30 days. If the employee still isn’t paid, the only alternative might be to file a wage and hour lawsuit against the employer.
There are certain exceptions to section 202 of the Labor Code. For example, certain employers in the motion picture or agricultural industries might be exempt from strict compliance with section 202. Whether you quit, or your employment was otherwise terminated, you’re entitled to be paid for the time that you put in. Feel free to contact our offices to speak with a highly regarded and effective California labor law attorney if you left your job and didn’t get paid.
Contact our California Labor and Employment Lawyers today.
