Legal Question in Business Law in California

final chack....

what happens when you quit and do not get your final check?


Asked on 11/16/07, 6:00 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: final chack....

If you give at least 72 hours notices, they must give your check on your last day of work. If you quit without notice, they must give you the check within 72 hours of your last day.

An employer the fails to pay the last paycheck can be held liable for the amout of the check, interest and even additional wages as a penalty. The easiest way to pursue this is to file a claim with the labor board. They are very "employee friendly" and you do not need an attorney.

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Answered on 11/16/07, 6:12 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: final chack....

The employer has a grace period of 72 hours (Labor Code � 202) to get the check to you. If you didn't receive your check in that period, you can either file suit (small claims) or a complaint with the Labor Commissioner. Penalties accrue for every day -- up to 30 days -- that payment is delayed.

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Answered on 11/16/07, 6:13 pm
Terry A. Nelson Nelson & Lawless

Re: final chack....

If you're asking what remedy do you have, file a claim with the Labor Commissioner for unpaid wages and penalties.

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Answered on 11/16/07, 6:53 pm


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