Employees perform their job duties with the expectation of being compensated by their employers. Some people assume that this will be done without issues, but there are times when employees don’t perform as required, employers opt to terminate employees or employees decide to leave a company for another opportunity.
One question that comes up when an employee is separated from a company is when they should receive their final paycheck. California has specific laws that govern this.
Immediate payment upon discharge
When an employer terminates an employee, all earned wages, including any accrued vacation time, are due immediately at the time of discharge. This ensures that employees have prompt access to their earnings upon separation from the company.
Payment upon resignation
If an employee resigns without providing at least 72 hours notice, the employer is required to pay all owed wages within 72 hours of the resignation. However, if the employee gives at least 72 hours notice, their wages are due at the time of quitting. Employees may request that their final paycheck be mailed to a designated address. If that occurs, the date of mailing is considered the date of payment.
There are sometimes exceptions to these pay requirements, so employees should ensure they understand the guidelines that govern their situation. Employees who don’t receive their pay within the specified guidelines may opt to pursue legal action. Because these cases can be complex, it may be beneficial for them to work with someone who can assist with the matter.