Legal Question in Employment Law in California

I have one weeks notice of my resignation. I was told I wouldn't be paid until final hours were received and then I would be mailed my payroll in a few days. This is against CA labor code 202 unless I am mistaken.

Asked on 7/07/15, 12:45 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You are correct.

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Answered on 7/07/15, 1:55 pm

Kristine Karila Law Office of Kristine S. Karila

Yes, if you gave at least 72 hours' notice of quitting, your employer is legally required to provide your final paycheck, including any earned and unused vacation - on your final day of work. If they need you to provide hours worked, then provide it asap. The law states that if the employer "willfully" withholds your check longer than the date due, you are owed your unpaid wages/vacation plus one day's pay for every day you have to wait to get paid - up to 30 days and the law requires your employer to pay your attorney to collect what is owed. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation.

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Answered on 7/07/15, 3:57 pm

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