Legal Question in Employment Law in California
can an employer hold your last check for over 72 hours after your last day worked
he is insisting i sign a document saying i quit when the real reason is my position was temp so i was laid off
they offered half the hours and double the distance of commute in another city and i couldnt take that offer can they hold my last check?
2 Answers from Attorneys
No it may not. Under Labor Code section 203, you are entitled to a penalty of a day's worth of pay for each day after 72 hours that your final paycheck is withheld up to 30 days. Please call (213) 381-6557 or email me ([email protected]) if you would like to discuss the matter further.
All the best,
Ari
CAN he? Sure. Should he? No. Late payment entitles you to file a claim for penalties and interest through the Labor Commissioner. If you file for unemployment and the company contests your benefits, you can appeal and have a hearing. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
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