According to statistics from Data USA, there are approximately 17.9 million people employed in California. Most of these employees fall into three service categories: cashiers, managers, and retail personnel. Not everyone stays within their chosen field or job forever. If you want to leave your job or you have already left your job, you might be wondering if an employer is allowed to withhold your final paycheck.
In California, all employers are legally obligated to pay their employees their final paycheck. This paycheck will consist of the earnings an employee has accumulated since receiving their last paycheck. If your ex-employer is withholding your final paycheck, you should not hesitate to contact an experienced employment attorney for help. At Blackstone Law, we know how frustrating it can be to have your final paycheck withheld from you, and we want to help you obtain the earnings that are rightfully yours.
When Is an Employee Entitled to Their Final Paycheck?
Under California labor law, if your employer has fired you, they need to give you your final paycheck immediately upon firing you. If you quit your job and give your employer less than 72 hours’ notice, your employer must pay you within 72 hours. If you give your employer at least 72 hours’ notice, you must be paid immediately on your last day of work.
Can an Employer Withhold a Final Paycheck In The State Of California?
A California employer is not allowed to withhold a final paycheck for any reason. This means that your ex-employer cannot make you sign any type of non-disclosure agreement before giving you your final paycheck. In addition, your ex-employer is not allowed to make you fetch your final paycheck. If you request it to be mailed to you, they must comply.
Under the California labor law, employers are obligated to pay you for all the hours you worked, including overtime and double time. Additionally, your final paycheck needs to display that you were paid for unused paid time off. You must remember to consult your employment contract, if you have one, to determine if you are to be paid out for your unused sick pay.
Are There Penalties If a California Employer Does Not Give You a Final Paycheck?
If your ex-employer makes you wait for your final paycheck longer than the allowable time period, they could be required to pay penalties. If your ex-employer makes you wait for your final paycheck, they will be required to pay you a daily penalty that is known as the waiting time penalty in California.
This penalty is allowed to be continued for a maximum of thirty days. If after thirty days you still have not received a final paycheck, you are entitled to bring a lawsuit against your ex-employer to obtain the money owed to you.
Are Deductions Allowed on a Final Paycheck?
You need to know that an employer is allowed to make standard deductions from your final paycheck. These deductions can include federal taxes and court-ordered child support.
However, in most instances, your ex-employer cannot deduct from your final paycheck costs for damages or lost money that they believe to be your fault. In California, your employer can only deduct company costs from your final paycheck if you stole equipment, stole money, or damaged or lost equipment because of gross negligence.
Contact a California Employment Law Attorney at Blackstone Law
Unfortunately, not every employer in California adheres to labor laws. You can experience untold financial and emotional stress when you do not receive your final paycheck. If your ex-employer is withholding your final paycheck, you should speak with a California employment law attorney.
Blackstone Law is an award-winning employment and personal injury law firm that firmly believes in fighting for our clients’ rights. We have won more than $200,000,000 for our clients over the years. With each case we handle, we are dedicated to providing our valued clients with expert legal advice to help them seek justice. To schedule a free consultation, you can contact us here or call (310) 956-4054.