California Employment Law
California Employment Law Questions Answered by Legal Experts
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Were you an hourly employee or salaried?
Your employer is required to give you your paycheck within 72 hours of termination. Your employer would be required to immediately give you your check at the time of termination if you worked till 5:00 p.m., since you gave them two weeks notice, but since you left early (although completely understandably), your employer would have an additional three days.
Your employer is also responsible to include your accrued sick and vacation time since the beginning of the year in your final check.
Your employer cannot withhold your pay for any reason, including the alleged 'file' in your possession.
If your employer does so, it will be liable for your unpaid wages plus a day's worth of wages as penalties, per day you are required to wait to receive your wages.
If your employer is refusing to provide you with your wages, you should file a wage claim with the Department of Industrial Relations, Division of Labor Standards Enforcement.
You can file a wage claim using the information available online here:
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