PROMPT PAY AT TERMINATION

Under California employment law, departing employees are entitled to receive their final paycheck within certain strict deadlines. California employees who are fired or laid off must be paid all of their wages, including accrued vacation, immediately at the time of termination. Employees who quit without giving prior notice must be paid their wages within 72 hours, and may request that their final paycheck be mailed to a designated address or return to the employer’s place of business 72 hours after quitting and request final payment. Employees who provide at least 72 hours notice of their intention to quit must be paid their wages on their final workday. Final wages cannot be paid by direct deposit after an employee has been terminated.

If the requirements above are not followed, former employees are eligible to compensation in the form of penalties paid by the employer. For every day that final wages are not completely paid, the employer is liable for penalty wages equivalent to the employee’s daily wage, for as long as the employer willfully withholds the wages and up to a maximum of 30 days. The 30 day period is counted in calendar days and includes weekends, holidays and any other days that the employee would not normally work.

Girard Gibbs LLP is a law firm based in San Francisco, California. Our employment lawyers are highly knowledgeable about employee rights under federal and California employment law, and actively pursue claims on behalf of employees whose rights have been violated. If you believe you have not been fully compensated for vacation pay, meal and break time, or that your employee rights have otherwise been violated, please fill out the form below or call us toll free at (866) 981-4800 for a consultation without charge.

Important Note: This summary is intended to provide a basic overview of the typical types of employment cases handled by our firm. It is for informational purposes only and does not constitute legal advice.