What are my rights if my employer is not paying my final paycheck on my last day of work if I gave a 96 hour notice?

UPDATED: Sep 29, 2022

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What are my rights if my employer is not paying my final paycheck on my last day of work if I gave a 96 hour notice?

They are attempting to make me sign a paper saying that I am leaving. Not paying me on my final day has not only made it hard for me but also is waisting me time by going to pick it up. It takes me about an hour and a half to get there and 1-2 hours to get back home. Is there anything that I can do or should do?

Asked on August 24, 2015 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

In your state, if you provided at least 72 hours notice of ending employment, you should have been paid your final wages on your last day. If the employer does not, they could be liable to you for a penalty equal to up to a day of wages for each day they are late paying you. You could contact your state department of labor and/or speak with an employment law attorney about taking legal action. Try the dept. of labor first that won't cost you anything to contact them and see if they'll help.
You are not required to sign anything about leaving, and your employoer may not withhold your wages if you won't. Your employer is free to offer you an incentive e.g. severance pay to make it worth your while to sign.

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