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Have not received final check?

Hello, trying to get some info on a final check I have yet to receive.

The last time I was paid was on January 24th. I utilized my sick hours on the 25th and the 26th, so those hours were not included in my last paycheck.

I quit and gave 2 weeks notice (my last official day was on the 31st of January). Because today is February 3rd, 3 days after my last day, I called to ask when I would get my last check. They told me they would be paying me this Friday (a week late).

 I read online that I must have my paycheck within 72 hours if I gave notice, and that they could pay late fees for not giving me my final check on time. 

Have they broken any laws? And should I file a complaint because they were a week late?

Update:

Update: I do live in California if that makes a difference

Update 2:

My job found out I was going to file a claim and will have my check ready by tomorrow! Figures... thanks for the answers!

6 Answers

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  • A.J.
    Lv 7
    2 months ago
    Favorite Answer

    If an employee quits and gives at least 72 hours' notice, the employee is entitled to the final paycheck immediately, meaning on his or his last day. California employees are entitled to all of their unused vacation or PTO on termination, regardless of the employer's policy. Waiting time penalties are imposed on employers who fail to pay final wages when they are due. The penalty is the employee's average dailly wage for each day the employer is late, up to a maximum of 30 days.

    https://www.employmentlawfirms.com/resources/emplo...

    There is one exception to the waiting time rule. If you and your employer have a good faith dispute about whether you are owed money, the employer may not have to pay waiting time penalties.

    If you don't receive your final paycheck on time, or you receive only part of what you are owed, you have two options: You can file a complaint with the California Division of Labor Standards Enforcement (DLSE) or you can file a lawsuit against your employer. If you win, you'll be entitled to the money you are still owed plus waiting time penalties for up to 30 days.

    https://www.buslawgroup.com/how-to-comply-with-cal...

    https://www.dir.ca.gov/dlse/FAQ_Paydays.htm

    Direct deposit is supposed to end immediately on the 31st.

    You should have been handed your final check on the 31st.

    You should be paid the penalty. You probably should make a written demand for wages, notify your former employer and the law of a day's pay for each day late.

    You can file a complaint with DLSE.

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  • 2 months ago

    Don't believe everything you read online.  Businesses are NOT going to run payroll just for you.  It will be ready on the next scheduled pay day - when EVERYBODY gets paid.

    Source(s): Certified Paralegal, with 25+ years' experience & with Employment law experience.
    • lauren2 months agoReport

      “However, if an employee quits and gives at least 72 hours' notice, the employee is entited to the final paycheck immediately, meaning on his or his last day.“

      Source: https://www.employmentlawfirms.com/resources/employment/overtime-pay/getting-a-waiting-time-penalty-for-refusal-to-pay-overtime

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  • Judy
    Lv 7
    2 months ago

    Laws on when you get your final check are by state. In most states, it's when you'd normally get paid if you hadn't quit.

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  • 2 months ago

    California is the only state that has a 72 hour requirement that final checks when there is a resignation.

    There are industries that are exempt from this requirement.

    If you were receiving direct deposit and authorized your employer to do a final check in this format, you are exempt (this might be an opt-out in your employee handbook - meaning you have to tell them you want a physical off cycle check).

    Additionally, the company is only responsible for penalties if they willfully withhold the paycheck. 

    • ...Show all comments
    • A Hunch
      Lv 7
      2 months agoReport

      No. If you agree to receive your final payment in direct deposit form, the company does not need to give you the money within 72 hours. 

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  • 2 months ago

    You read on line that if you quit you get your final paycheck within 3 days? I've never heard of that. It isn't a law. Most likely they are paying 1 week behind and always have been. The 31st was Friday, today is Monday.. if payday is every Friday then you will get paid on Friday (like everyone else does) for the prior week.

    • A Hunch
      Lv 7
      2 months agoReport

      California has a 3day payment requirement when there is a resignation.  They require immediate payment on involuntary terminations. 

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  • Anonymous
    2 months ago

    It really is not rocket science. Call your boss and ask.  Unless you want to sue him. It costs money and you will be paid long before it ever gets to court and you will not be reimbursed for the cost of filing suit.  I took a dozen such calls when I was a manager and assistant manager. Nobody is stealing from you. You are just too clueless to know it.

    • lauren2 months agoReport

      Apparently you were to clueless to read I already called my boss. It’s not rocket science, just reading :)

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