If job abandonment is done how long does the employer have to give you your checks?
1 attorney answer
It depends on what the second check was for. When you are terminated, your private employer has a legal duty to provide you with your final pay, including any accrued vacation pay, on the day you are terminated. If you quit, your employer is required to provide your final paycheck within 72 hours of your giving notice of quitting, or on your last day of work, whichever is later. Your employer does not have a similar obligation to pay any unreimbursed expenses or commissions or bonuses that would normally be paid later. Those items are subject to a reasonable time payment based on the circumstances.
If your employer willfully failed to pay your final wages on time, you are entitled to Waiting Time Penalties equal to one day of pay for each day you were made to wait for the final check, up to a total of thirty additional days of pay. However, if the failure was not willful, such as a good faith dispute existed or a mistake was made, you may not be able to establish a right to Waiting Time Penalties.
It would be a good idea for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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