Legal Question in Employment Law in California

Can company issue a post dated final paycheck?

I quit my job on Sunday May 14th, and cashed in my vacation pay. I received a check dated for the 20th , but didnt realize it and deposited in my bank, the bank returned the check and charged me the fees saying they dont cash a post dated check. Because of cal. code section 202, I am supposed to be paid 72 hrs after giving notice, which is today. But I cant cash the check until Saturday. Is this legal? what should I do?


Asked on 5/17/06, 8:04 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can company issue a post dated final paycheck?

No, what the employer did is not legal. You must be paid within 72 hours from the day you quit your job. File a claim with the California Labor Commissioner and ask for waiting time penalties.

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Answered on 5/27/06, 2:44 pm


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