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

UPDATED: Oct 1, 2022

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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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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