Section 203 of the California Labor Code is intended to encourage employers to give final paychecks to employees who are fired or just outright quit their jobs. The statute operates as a penalty, and that penalty is a sum equal to the daily for every day that the employee’s final paycheck remains unpaid, for up to 30 days. If an employee “secrets or absents” himself or herself for purposes of avoiding payment, or refuses to receive the payment when it’s fully tendered along with penalties to him or her, that employee is not entitled to any such penalties for the period of time that the employee avoided payment.
The 72 Hour Rule
The general rule is that if an employee quits and walks out without giving any notice, the employer then has 72 hours to give that individual his or her final paycheck. If the employee who quits provides 72 hours of notice of departure, the employer must provide the employee’s final paycheck on the employee’s last workday. The same “last workday” rule applies to employees who were fired or otherwise terminated.
The Statute of Limitations
A lawsuit cannot be filed by the employee for wages and penalties after the statute of limitations expires. That statute of limitations might be three years from the time that “an action for which the penalties arise,” but we advise clients to bring the action within one year of that time in order to avoid any confusion on a possible late filing.
We encourage former employees to contact our offices and consult with an experienced California employment law attorney as soon as they can if they are still owed wages upon their departure from their employment.
Contact a California Labor and Employment Lawyer
Maison Law of California offers a free consultation to any worker who feels they’ve received unfair treatment in the workplace. This consultation is completely confidential, and your employer would not know about it. It’s a no-risk way to find out if you have a strong case against your company. It’s also a good chance to learn what you should demand from an employer before their lawyers convince you that your emotional and financial hardships are worth very little.
Contact our California Labor and Employment Lawyers today.
