Legal Question in Employment Law in California

Re: withholding pay

A terminated employee must be paid in full at the time and place of firing. An employee who quits must be paid in full within 72 hours of leaving. The penalty for intentionally withholding payment is that the employee remains on payroll until they are paid, for a maximum of 30 WORK (not calendar) days. If, however, there was a dispute about the amount due, the penalty may not apply.

Re: withholding pay

When employees are discharged they are entitled to receive all accrued compensation at the time they are discharged. Employers are not entitled to withhold payment of accrued wages, except for legal deductions, such as income tax. An employee is entitled to a penalty payment from the employer, the employee's daily rate of pay, for up to thirty days, when an employer fails to pay the employee's accrued compensation at termination. File a claim with the state Labor Commissioner.