Short Wage Question
How long can a company withold your last paycheck after you have finished working for them?
Is it legal at all to keep wages for a period of time longer than when they would have normally been given out in a case like this?
Asked on 10/06/06, 12:02 pm
2 Answers from Attorneys
Robert F. Cohen
Law Office of Robert F. Cohen
Re: Short Wage Question
If you were fired, they had to pay you immediately. If you quit, within 72 hours. If they wilfully withheld payment, you can go to the EDD and make a claim. Penalties of 100% salary accrue for up to 30 days.
Answered on 10/06/06, 12:25 pm
Bryan Whipple
Bryan R. R. Whipple, Attorney at Law
Re: Short Wage Question
Mr. Cohen's answer is correct except in the somewhat-unusual situation where the employer and the employee had a different understanding or arrangement by contract. In those cases, the law will uphold the contract (usually, at least) and the statutory deadlines will not apply.
Answered on 10/06/06, 12:45 pm
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