Termination and Final Wages in California


If you are terminated from your job it is important to know your rights. In particular we are referring to your right to have all money that is due and owed to you upon your termination from your job or “Final Wages.” What exactly constitutes final wages and when can you expect it?

California law requires employers to pay an employee’s final wages at the time the employer ends the employment or within 72 hours if the employee resigns without giving 72 hours notice. Final wages consist of regular pay, overtime pay, accrued and unused vacation pay, paid time off, commissions, and bonuses. It does not include unused sick leave.

If the employer does not pay as required by law there is a penalty against the employer in favor of the employee. The employee’s pay continues as if the employee were still employed by the employer, every day until the employer pays in full (maximum of 30 days). The employee is entitled to interest at 10% per annum on the unpaid amount. If the employee must go to court to get his or her pay, then the employee is awarded reasonable attorney’s fees for the costs of the lawsuit.

-Bluetree Staff Writer

A California employment law attorney can help you determine your best option.

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