Should I sue my old boss for not giving me my last check?

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Should I sue my old boss for not giving me my last check?

I recently quit/was fired because of my
constant tardiness. I did not receive my last
paycheck and it’s been over a month now. I
went two weeks after I was terminated to return
the uniform and when I spoke to HR about my
check they said that the boss had taken mine
only. I called him and texted him constantly
over the course of the previous month and he
never corresponded. I’m not sure whether I
should pursue legal actions because I was late
so many times

Asked on September 2, 2017 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In CA, an employee who is fired is entitled to a final paycheck immediately, meaning at the time of departure. If an employee quits without giving advance notice, the employer must provide the final paycheck within 72 hours. However, if an employee quits and gives at least 72 hours' notice, they are entited to their check on their last day. Additionally, CA also protects employees by requiring that employers include all accrued, unused vacation or PTO in the final paychecks. Finally, there are waiting time penalties imposed on employers who fail to pay final wages when due. It is calculated by taking the employee's average daily wage for each day their wage is late, up to a maximum of 30 days.


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