When an employee’s association with the employer ends, whether if they are laid off or even if they choose to resign, different states have different rules, mostly the kinds where terms are dictated to the employee.
California, however, is an exception. They have some very strict rules and regulations regarding the final paycheck of an employee. These regulations vary, depending on whether the employee was laid off or chose to resign.
The laws fiercely protect the employees and provide all the help getting your last paycheck in california.
Laws regarding the final paycheck.
Following are some of the laws passed in California regarding the final check on an employee.
- If an employee is laid off by the employer, then the employer is expected to settle all the dues and pay the final paycheck on the day the employee is laid off which is the termination day.
- In case an employee chooses to resign from the organization but does not provide the required 72 hours of the notice Then the employer gets that much time (which is 72 hours) to settle the final paycheck on that employee.
- However when an employee has resigned and provided the required 72 hours notice, then the employee must settle all payments on the last working day of that employee.
- While settling the final paycheck, the employer must include not just all the days the employee has worked but also any accumulated holidays or vacation time which have not been claimed by the employee.
If the employee fails to pay the final check on time:
- The Californian Laws have some clear cut rules for the final paycheck settlement. If the employer fails to pay the employee their final paycheck as prescribed above, then the employee is liable to be paid as per their daily wages for each day that the employer has delayed the payment. This can go on for up to 30 days.
- This means, if the employer has delayed the final settlement by a week, the employee can rightfully claim an extra payment worth that week.
- This is applicable even for part-time employees who can claim additional fees as per their payment schedule.
If the employer still fails to pay, the employee can file a lawsuit against the employer or complaint to California District of Labor Standards Enforcement (DLSE)