Legal Question in Employment Law in California

Final paycheck penalty

In the state of California the Labor Law states that if terminated from employment you must receive your final paycheck on your final day of work. I did not receive my final paycheck until 35 days after my last day. I know I am entitled upto 30 days in backwages. Do I cash the paycheck I have just received or does it negate my ability to sue for my 30 days in wages?


Asked on 7/29/06, 3:55 pm

3 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Final paycheck penalty

Cashing a check for wages you are entitled to does not waive any claims for waiting-time penalties. File a claim for the penalties with the California Labor Commissioner.

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Answered on 7/31/06, 7:12 pm
Terry A. Nelson Nelson & Lawless

Re: Final paycheck penalty

make a copy of the check showing date, cash it, then file your claim with the Labor Commissioner.

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Answered on 7/31/06, 7:26 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Final paycheck penalty

Also, keep the envelope it came in.

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Answered on 7/31/06, 10:19 pm


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