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Do I get paid for waiting if I quit my job on the 7th and still haven't gotten paid on the 15th even though pay day was the 14th

San Jose, CA |

they could not find my check but I assume since I quit I should have gotten paid by Tuesday or Wednesday giving them 3 days not including the weekend isn't that the law??

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Attorney answers 2


California law requires employers to pay an employee's final wages at the time the employer ends the employment, or within 72 hours if the employee resigns without giving 72 hours notice. "Final wages" consist of regular pay, overtime pay, accrued and unused vacation pay, PTO, commissions that can be calculated, some bonuses and perhaps other components. It does not include unused sick leave.

If the employer does not pay as required, there is a penalty against the employer and in favor of the employee: the employee’s pay continues as if the employee were still working, every day until the employer pays in full, up to a maximum of 30 days. The employee is entitled to interest at 10 per cent per annum on the unpaid amount. Also, if the employee must go to court to get his or her pay, then the employee is awarded reasonable attorney’s fees and costs of suit.

The Division of Labor Standards Enforcement (DLSE) is a sub-agency within the California Department of Industrial Relations. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a wage claim is here: *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***



thank you so very much... I am so stressed over this and this is the second time I have had to wait ...



Do i tell my previous employer that they owe me waiting time first and then file or file first and do I wait til I actually get my check before filing....

Marilynn Mika Spencer

Marilynn Mika Spencer


Either way. Some people choose to wait 30 days before doing anything so they can claim the full 30 days of penalties.


If you quit with at least 72 hours' notice, your employer was legally required to pay you on your last day. If you did not provide at least 72 hours' notice, they had 3 days to get your final paycheck to you. If not, you are owed one day's pay for every day you have to wait - up to a maximum of 30 days PLUS attorneys' fees. Call an employment law attorney to help you get what is owed to you. Usually a demand letter from an attorney will get the job done - so your attorney does not have to be in San Jose to help you.

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