California workers have strong legal protections when it comes to wages upon termination and receiving their final paycheck. Whether you quit or are fired, your employer must follow strict deadlines to pay all wages due. If they fail to do so, you may be entitled to waiting time penalties.
At Seligson Law, we help workers across California recover unpaid final wages, unused vacation time, and waiting time penalties for late paychecks. Many employees don’t realize they have legal rights in these situations, and employers sometimes rely on that lack of awareness to avoid paying what’s owed.
If you’ve left a job and your final paycheck was late, incomplete, or never received, you may have a claim under California wage and hour laws. Having strong legal representation can make the difference between an ignored complaint and a successful recovery.
When Is Your Final Paycheck Due?
Under California Labor Code sections 201 and 202, if you are fired or laid off, your employer must pay all unpaid wages on your last day of work. If you quit with at least 72 hours’ notice, you must be paid on your final day. If you quit without notice, your employer has 72 hours to pay you.
Final wages include not only your regular hourly or salary pay, but also:
- Regular wages or salary
- Overtime pay
- Commissions
- Bonuses
- Unused vacation time (if your employer offers paid vacation)
Penalties for Late Payment in California
If your employer doesn’t pay you everything you’re owed on time, you could be owed extra money. California law says you may be entitled to a full day’s pay for each day your final paycheck is late, for up to 30 days. For many workers, this can result in thousands of dollars in additional penalties.
What to Do If You Haven’t Been Paid on Time
If your final paycheck is late or incomplete, follow these steps right away:
- Step 1: Document everything – Record your last day worked, the hours you’re owed, and any communication with your employer about final pay.
- Step 2: Request payment in writing – Send a dated, written request asking for the wages you are owed.
- Step 3: Keep copies of all evidence – Save pay stubs, emails, text messages, and company policies related to your pay.
- Step 4: Speak with an employment lawyer quickly – A lawyer can review your records, calculate your owed wages, demand payment, and pursue penalties if necessary.
Common Mistakes Employers Make When Issuing Final Paychecks
Employers often make errors, sometimes unintentionally, that violate California law. Common mistakes include:
- Failing to pay on the employee’s last day when required
- Leaving out unused vacation or paid time off
- Not including earned commissions or bonuses
- Miscalculating overtime in the final paycheck
- Delaying payment without legal justification
Even if the mistake was accidental, employees are still entitled to the full amount owed plus any applicable penalties. Our firm regularly helps employees recover unpaid final wages and hold employers accountable for late or missing paychecks. Whether you’re owed a last paycheck, unused vacation, or commissions, we can help.
Contact Our California Employment Lawyers at Seligson Law Today
If your employer has failed to pay your final wages on time, or at all, you have the right to take legal action. Our team has successfully recovered unpaid wages and penalties for workers across California.
Contact us today for a free consultation with a California wage and hour attorney. We can help you understand your rights, file your claim, and fight for every dollar you’ve earned.
FAQs
1. How quickly must I receive my final paycheck in California?
If you’re fired or laid off, payment is due on your last day. If you quit with notice, it’s also due on your last day. If you quit without notice, your employer has 72 hours to pay.
2. What should be included in my final paycheck?
It should include all earned wages, overtime, commissions, bonuses, and unused vacation time if applicable.
3. What are waiting time penalties?
If your employer is late, you may be owed a day’s wages for each day the payment is late, up to 30 days.
4. Can I sue my employer for a late paycheck?
Yes. A lawyer can file a claim with the Labor Commissioner or in court to recover unpaid wages and penalties.
5. What if my employer refuses to pay my unused vacation time?
In California, unused vacation time is considered wages and must be paid at your final rate of pay.
6. How can a lawyer help with a final paycheck claim?
A lawyer can review your pay records, calculate what you’re owed, file your claim, and negotiate or litigate to secure your unpaid wages and penalties.
