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Posted on May 19, 2025 | By Omid Nosrati | Employment Law
Compensation for work is essential for financial stability, especially when leaving a job. Sometimes, employers will take their time giving former employees their final paychecks. If they take too long, these employees can be entitled to more money than just what they earned in their last pay cycle. Understanding California final paycheck laws, as well as how they affect employees and employers, is necessary for understanding the full scope of workers’ rights.
If you have been left wondering when you will receive your final paycheck, you are legally allowed to take action against your former employer, as well as to pursue monetary compensation in response to the mistreatment you have been dealt.
You deserve to be paid within a reasonable time window, and when your employer refuses to do so or does not make it a priority, they are actively breaking the law, as well as treating you inhumanely and unjustly. This kind of power-play or retribution is not supported by California law, and you may find yourself benefiting tremendously from the help of a final paycheck lawyer.
At Nosratilaw, A Professional Law Corporation, you will find legal representatives who are prepared to assist you in your legal proceedings, guiding you every step of the way as you pursue your desired outcomes. Instead of shouldering this emotional, legal, and administrative burden alone, seek the help of a Nosratilaw, A Professional Law Corporation team member. Whether you have been fired or left your previous career voluntarily, you deserve to have access to the money you worked hard to earn, and your employer does not have the legal right to withhold what is rightfully yours.
Employees who leave their jobs are entitled to their final paycheck under California employment law. After 72 hours of giving notice of their resignation, employees must receive their final paycheck. Payment for fired employees must be made on the day of termination. According to California’s last payment legislation, the employee’s final check must contain all unpaid salaries and business expenses. The financial amount of the employee’s unpaid benefits must also be included in the final payment, like paid vacation days.
Employees who are fired and do not receive their final payment on their last workday are eligible for reimbursement. They can receive pay from their employers for each additional day that they were forced to wait. The same fines are recoverable from employees who resign but do not get their final salary within three days. For every day the employee must wait, up to a maximum of thirty days, they will be penalized with one full day’s pay. Employers who break the final paycheck law in California risk paying more in waiting-time fines than they did for the final paycheck.
Employees have the right to file a claim for damages related to their final salary. If their employer failed to send them a final paycheck on time, they can file a wage and hour claim. In California, an employer is required to pay a final paycheck on an employee’s last day of work or within 72 hours of that last shift. This final payment shall include all accrued and unused vacation time and any paid time off. The following sanctions may be imposed on an employer if they fail to give former employees their final paycheck:
Even if an employee receives their final paycheck after the deadline, their employer can still be eligible for waiting time penalties if they do not get all their money right away. When an employer fails to give a former employee their final paycheck within an appropriate window of time, they are effectively withholding what rightfully belongs to the other individual. Not only can this be seen as an act of revenge or mistreatment, but it can also have an incredible impact on the former employee’s life.
While you may enjoy your job, your main motivation is most likely still working to make money. Food, rent, gas, utilities, and other expenditures are essential for life, and if you are not given the money you worked hard to earn, you may suffer because of it. Delayed loan payments may incur fines. You may not be able to afford the necessary living expenses while you are between jobs, with no way to earn additional income.
Regardless of whether or not you are relying on that final paycheck, it is rightfully your property. You deserve what is owed to you to be given within a reasonable amount of time.
You may depend on the money, or it may just be yet another paycheck, but you deserve to have it regardless of the motivation behind it, and your former employer can be held legally and financially responsible for this miscarriage of justice. According to the 2023 U.S. Census, 13.9% of citizens in Los Angeles live below the poverty line, making each paycheck important.
While it may be inconvenient, there are a few reasons an employer may legally be permitted to withhold a part of your final paycheck. According to California law, employers can legitimately withhold the following amounts from an employee’s pay:
Sometimes, there is a cash deficit, broken or lost company property, or loss of corporate equipment due to human error or accident. The employer is not permitted to lawfully deduct this amount from the employee’s wages. Losses that arise separately from an employee’s work, or that are simply the result of negligence, are unavoidable. The employer is required to endure such losses as part of owning a business.
While owning a business can be an incredible experience, there are still certain financial burdens that the owner is required to shoulder. It is unethical to force these onto past and present employees. It is because of this that your former employer can be expected to take financial responsibility for any lost, damaged, or broken equipment.
For example, if you are a waitress, and on your final day, you drop a tray full of plates and cups, you cannot legally be made by your employer to pay for any items that need to be replaced or repaired. They still owe you your final paycheck in full, barring any of the aforementioned circumstantial exceptions. If you suspect that part or all of your paycheck is being withheld for unethical or applicable reasons, you may benefit from the assistance of a final paycheck lawyer.
Whether or not your case settles outside of the California court system, there are many ways that a final paycheck lawyer can help you build and present your case as you pursue your preferred outcomes. Civil cases are capable of settling outside of court, and your lawyer can work to negotiate on your behalf, presenting the injustices you have experienced and doing everything in their power to seek damages for said injustices.
While you may be able to reach a settlement with your previous employer outside of the courts, there is still the potential that you may find yourself scheduling a court appearance to further pursue a resolution.
Depending on what area of Los Angeles is most conveniently located for you, your case could be carried out in the Los Angeles Superior Court – Stanley Mosk Courthouse, the U.S. District Court for the Central District of California – Western Division, or one of the additional locations of the Los Angeles Superior Court, such as the Santa Monica or the Van Nuys courthouses.
In addition to courthouse scheduling questions, your final paycheck lawyer will be able to help you get answers for the other things you may be confused and/or curious about. Legal terminology, protocol, and proceedings can be incredibly complex, especially if this is your first time interacting with the California legal system. Your lawyer expects this and will be able to assist you accordingly.
If you find yourself feeling emotionally overwhelmed, the team of lawyers at Nosratilaw, A Professional Law Corporation, can help. They believe in walking alongside you during the difficult experience you are enduring, applying compassion and caring insight to every interaction as they work to help you accomplish your desired outcomes.
Employees who voluntarily leave a company, or who are fired, are entitled to receive their final payment under California law. Immediately after their employment with the company ends, these checks can be distributed. A final paycheck will be due to an employee within 72 hours if they do not give notice that they are quitting their position. That final paycheck must be paid at the time of their departure if they have given the appropriate notice.
Employers have 72 hours from the end of an employee’s last shift to pay them their last paycheck. If an employer does not pay any leaving employees within a timely manner, the California Labor Code guarantees that they will pay the equivalent of one day’s earnings per late day. This will continue until the check is delivered.
Employees who resign without giving 72 hours’ notice, and who do not request that their last wages be mailed to a specific address, must collect their final wages at the employer’s office. They must go to the location in the county where the work was completed. This means that if the final shift did not end in a final paycheck, the employee must return to their workplace to collect their final check.
The 72-hour rule refers to the timeframe that employers have to give their employees a final check after their departure. Beyond this 72-hour window, an employer will be required to pay that employee’s daily wages every subsequent day that the employee goes without their paycheck. This is in addition to their final pay statement. An employee can speak with an employment lawyer to discuss their options for reimbursement.
Whether you have recently been fired or chose to leave your former workplace, you deserve to be given your final paycheck within a reasonable amount of time. If you suspect that your former employer is unlawfully withholding your last paycheck, you have the right to pursue monetary recompense for the injustices you have been facing.
Getting legal help for any problems with a final paycheck is necessary for receiving full compensation. At Nosratilaw, A Professional Law Corporation, our team of employment lawyers can help you navigate the process. We can help you work toward your desired outcomes and ensure that you receive your final paycheck from your employer. You do not need to shoulder this burden alone. Instead of trying to muddle through confusing legal jargon and protocols, enlist our help.
It may feel like it is easier to just go without your final paycheck, but you have a legal and ethical right to be paid for the hard work you put in. With the help of Nosratilaw, A Professional Law Corporation, you can avoid the difficulty of handling the case yourself, making it easier for you to pursue your final paycheck, as well as monetary compensation for the mistreatment you have suffered. For more information on our services, visit our website and contact us today.
