Legal Question in Employment Law in California
I left current employer a couple of weeks ago but I still have not received last paycheck yet. It's been past due for three weeks already. I'd rather come in person to the office to pick it up. I'd rather not see them for an apparent reason at all. Would be OK to have them send it by mail? Thank you.
1 Answer from Attorneys
If you quit and gave at least 72 hours' notice, your final check, including any earned and unused vacation or PTO, was due on your last day; if you did not give at least 72 hours' notice, your check was due within 72 hours of the time you quit. If your employer "willfully" withheld your final check, you are owed one day's pay for each day you have to wait to receive the check - up to 30 days and your former employer, by law, "shall" pay your attorney to collect what is owed. The employer is only required to have the check ready at the place of work unless instructed by the employee to mail or direct deposit it. You can ask that it be mailed or dir. deposited into a bank account. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation and may be able to get what is owed to you at no cost to you. Kristine Karila, Employment Law Attorney