Legal Question in Employment Law in California
I was fired. My employer called me to say that my final check was at the store. Can I request that they mail it to me? And if I am presented with any paperwork to sign, can I refuse and still take my paycheck?
2 Answers from Attorneys
Yes, you can request that they mail it to you.
When firing an employee in CA, the employer must provide the final paycheck, including earned and unused vacation and PTO on the same day as the firing. If not, the employer must pay one day's pay for each day you have to wait to receive it - up to 30 days maximum plus your attorneys' fees. You don't have to sign anything to receive your check. You can ask them to mail it, but the day they had it ready for you to pick up is the day they will be deemed to have paid it, for calculation of waiting time penalties.
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