Legal Question in Employment Law in California
2 week notice
How long does an employer have by law to pay an employee who properly submitting his 2 week notice? And if the check is not given to the employee by that date, are there any fines, persay, added to the amount recieved?
1 Answer from Attorneys
Re: 2 week notice
As long as an employee gives at least 72 hours advance notice prior to a resignation, the employer is required to provide their final paycheck on their last day of employment. The final paycheck should include not only all wages earned, but also any accrued vacation or other benefits time, such as PTO. If an employer "willfully" fails to provide the final paycheck when due, the employee's wages continue as a penalty for a period of up to 30 days or until the final paycheck is provided, whichever is sooner. Additionally, interest, may also be collected if the employers delay in payment is significant and requires administrative action to collect. You can contact the Division of Labor Standards Enforcement to pursue a claim for wage nonpayment.