According to California’s final paycheck laws, your employer has to give you your final paycheck upon your termination. This means that, when you’re fired, your employer has to give you your paycheck immediately.
Getting fired brings with it a lot of uncertainty, both in the short term and the long term. Probably the biggest uncertainty in the short term is how you’re going to pay your bills or feed your family. To deal with this uncertainty, California has laws in place that dictate how quickly you’re supposed to be paid when your employer fires you. These final paycheck laws are an important part of your plan to land on your feet in the event that you’re fired.
Knowledgeable California Wage and Hour Lawyers Can Help You
As if getting fired wasn’t bad enough, when your employer fails to give you your final paycheck on time, it can throw your life into turmoil.
That is why our team of knowledgeable wage and hour lawyers at Maison Law dedicate their services to making sure you understand the law and what recourse they have when your employer doesn’t comply with it.
To learn more about your legal options if you haven’t been paid on time, contact us today.
How Long Does My Employer Have to Pay Me After I’ve Been Fired in California?
California law clearly lays out the timetable in which your employer has to pay you when they decide to fire you. As it stands, California’s “final paycheck” law states that:
- The employer must give you your final paycheck immediately upon termination.
While the law is clear on your employer’s responsibilities, it also covers how you are to be paid in other instances where you quit your job:
- If you quit without notice, the employer has 72 hours to issue the final paycheck.
- If you provide at least 72 hours of notice prior to quitting, the employer must issue the final paycheck on your last day of work.
The law is also clear that your final paycheck must include the following:
- Wages for all hours worked from the previous pay period, including overtime and double time
- Payment for any accrued, unused vacation time.
If your final paycheck doesn’t include these wages, your employer will not have complied with the law. At that point, you will be able to pursue a claim to get that money back.
Exceptions to the Final Paycheck Law
Certain employees and industries have their own specific time periods for final paychecks, due to their differing schedules. This includes seasonal workers, workers in the oil & gas industry, or workers in the entertainment industry. Generally, these workers are to be paid within 72 hours of being laid off.
My Employer Hasn’t Paid Me On Time, What Can I Do?
In California, when your employer doesn’t pay you on time, it’s considered an “unpaid wage” claim. As such, you can pursue legal action through two main avenues:
- A complaint with the California Division of Labor Standards Enforcement (DLSE)
- A wage and hour lawsuit in civil court
In addition to these actions, California law can also subject your employer to “waiting time penalties” when they choose not to comply with the final paycheck law. Generally speaking, the waiting time penalty allows you to receive:
- An extra day of pay at your normal daily rate, for each day the wages remain unpaid.
While waiting time penalties are capped at 30 days, failing to pay you on time can mean your employer will potentially have to pay you much more under the law.
Filing a Claim with the DLSE
Filing a claim with the DLSE requires you to first complete the Initial Report or Claim form, which allows you to initiate the action. From there, you’ll need to provide any evidence you have that shows your employer failed to pay you on time. This typically includes:
- Paystubs
- Hours worked
- Any bounced checks
- Any notices received from your employer
Once the claim is initiated and your evidence is submitted, the DLSE will investigate your claim. When they review all the documentation, they’ll be able to determine if your employer did indeed fail to pay you on time. At that point, they’ll schedule a settlement conference, where you and the employer will meet and hopefully settle the matter.
Regardless of whether a settlement is reached, the DLSE will ultimately issue a ruling that closes the claim after the settlement conference. At that point, you can either comply with the ruling or appeal it within 10 days.
Filing a Lawsuit
The next step for you after a DLSE claim is to file a civil lawsuit. In a civil lawsuit, you can be awarded damages for your employer’s violation of the law, including:
- Unpaid wages
- Liquidated damages, which covers “interest” on your unpaid wages.
Like most other lawsuits, there is a set statute of limitations for filing an unpaid wage claim in California. The statute of limitations is three years from the date of the most recent violation. Failing to file a lawsuit in time means you won’t be able to recover any unpaid wages. As such, time is of the essence when you haven’t been given your last paycheck on time.
Contact Maison Law If You Have Not Been Paid On Time
SImply put, you need your money to pay bills and provide for your family. Getting fired is bad enough on its own, you shouldn’t have to worry about not getting your final paycheck from your employer on top of an already stressful situation.
Our team of experienced, understanding California wage and hour lawyers at Maison Law can help you determine whether your employer failed to pay you on time, recover maximum compensation for any violation of California’s wage and hour laws and will work to prevent employers from continuing to do so in the future. If you believe you haven’t been given your final paycheck on time, contact us today for a free, no-risk consultation.
