Fired or Laid Off? Did you get your final pay?
Waiting Time Penalties for Having to Wait for Your Final Pay Check
Waiting time penalties are fees the employer must pay the employee if they do not give them their final pay in an appropriate amount of time.
Labor Code 203:
(a) If an employer willfully fails to pay, without abatement or reduction, in accordance with Sections 201, 201.3, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully
tendered to him or her, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment.
(b) Suit may be filed for these penalties at any time before the expiration of the statute of limitations on an action for the wages from which the penalties arise.
If you Quit
A. If you give the employer at least 72 hours notice that you are leaving, the employer is required to give you your final pay the day that you leave.
B. If you give less than 72 hours notice you are leaving, the employer now has 72 hours from the time you leave to give you your final pay.
If you are Fired/ Laid Off
If you are fired or are laid off, the employer must give you your final pay on the day you are let go.
What should be included in your final pay check?
You can expect that all of your hourly or prorated salary wages will be paid out as well as any unused vacation days.
What may not be included in your final pay?
A. The employer is not required to cash out sick time. If you did not use your sick time then it will disappear.
B. Commission/ Bonuses. Commissions are allowed to be paid at their regularly scheduled dates so long as all requirements have been met in order to earn these monies.
How much Money does your employer owe you for paying late?
Generally, for every calendar day the employer does not pay you, you are owed a day’s worth of wages, up to 30 days.
Labor law is complex; if you have any questions regarding your employment it is recommended that you contact a San Francisco labor law attorney who can help you understand your rights, and in many cases will review your situation without charge.
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