Final Paycheck Lawyer

There are set rules regarding final paychecks that San Francisco and Santa Barbara employers are required to follow depending on whether an employee is fired or quits.

When an employee is terminated, fired or discharged by an employer, California Labor Code Section 201 requires the employer to pay all wages due and owing to the employee immediately upon discharge. Put more simply, if you are fired or discharged, a San Francisco or Santa Barbara employer has to give you your last paycheck immediately.

If an employee quits, a San Francisco or Santa Barbara employer is required by California Labor Code Section 202 to pay the employee all wages due within seventy-two (72) hours of the resignation.

Remember, these are non-negotiable laws and it is a violation of this code section if your employer makes you wait until the next payroll runs to pay out what is owed, or pays only a portion of your wages to you upon discharge or quitting. Also, the final paycheck is required to include all unused vacation days and overtime accumulated.

What are the penalties if my final California paycheck is late?

If you are not paid under immediately upon termination or within 72 hours of quitting a job, there are “waiting time” penalties that are assessed under California Labor Code Section 203. According to this code section, if a San Francisco, Santa Barbara or California employer willfully fails to pay any wages of an employee who is discharged or quits, the employer will owe a penalty equal to a full day’s pay for each day the paycheck is late, up to a total of 30 days.

As an example, if you typically made $100 per day but were not paid your final paycheck in a timely manner, penalties will accrue at $100 per day for each day you are not paid. These penalties run for a total of 30 days. So if an employee makes $100 per day and is not paid their last paycheck within 30 days of the termination, the penalty to the employer would be $100 x 30 days or $3,000.

San Francisco and Santa Barbara Final Paycheck Lawyer

If your employer has failed to pay you your final paycheck in a timely manner, contact a San Francisco and Santa Barbara Final Paycheck Lawyer from Christina Humphrey Law, P.C. to discuss your case. Our attorneys have handled hundreds of employment cases involving a failure to pay final paychecks upon termination and we can help you recover damages and penalties against your employer. For more information or to schedule a free consultation, call us at (805) 618-2924.