Legal Question in Employment Law in California

Re: When is a final paycheck due?

The easy answer is 72 hours from their last day of work. However, if there are commissions involved, it may take longer. If it is straight wages (hourly work), it should be just 72 hours.

The resignation letter and request for pay does not specifically affect when payment is due. However, proper advance notice was professional and helpful in establishing when you should be paid as well as establishing "willfulness" if the employer failes to pay on time.

Sincerely, Beth Mora

Re: When is a final paycheck due?

With respect to wages, a final paycheck for an employee who provides notice of at least 72 hours or more is due on and must be given to the employee on the last day the employee works. If the employee does not provide notice of at least 72 hours, the paycheck is due no later than 72 hours after the last day of employment and must be ready for pick up by the employee at that time, or may be mailed IF THE EMPLOYEE AGREES TO MAILING. For more information, see Labor Code Sec. 202.

Commissions, bonuses and/or retirement contribution rules are different. Legal advice from a retained attorney will assist you in determining those rules.

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