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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I have been suspended from my job due to admitting to theft.

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I have been suspended from my job due to admitting to theft. I resigned the next day (over the phone and in writing) and my boss said that wasn't possible until the investigation is complete. When can I expect to receive my final paycheck?

Hello and welcome.

I am sorry to hear of your difficult situation.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am working on your answer now and will post it here shortly. Thank you for your patience while I prepare your answer.

Hello again, Anne.

Pursuant to Labor Code Section 202, an employee who resigns without giving 72 hours notice must be paid by the employer within 72 hours of providing such notice. Payment shall typically be made by making the payment available at the employer's place of business in the county where the employee was employed, or mailing the final check to an address designated by the employee.

Here is a link which summarizes the law on this issue:

http://www.dir.ca.gov/dlse/faq_paydays.htm

Since you resigned verbally, I would put it in writing by e-mail and certified mail so you have proof it was received by the employer and they cannot deny that you tendered your resignation. If payment is not forthcoming within 72 hours, then a complaint may be filed with the state labor board which can collect the wages owed as well as significant penalties on your behalf.

Here is a link to file a wage claim if that becomes necessary:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina


Customer: replied 3 years ago.

So to confirm, I do NOT need to meet with my boss in order to receive my final check? I can just have it sent to my address on file? Good idea to send resignation in writing via certified mail.

Right, you are not required by law to meet with anyone in order to tender your resignation and obtain your final check.

Customer: replied 3 years ago.

Thanks for the speedy replies. One final question...how long should it reasonably take to receive my final paycheck? I live and work in the same city. Is it unrealistic for me to expect it to be mailed out on Friday if I do not pick it up directly? Once again thank you for your response and professionalism!

Yes, if you gave your resignation yesterday, then the check should typically be cut by Friday, but I would follow-up in writing as I indicated to confirm your resignation and when the check will be available, citing the Labor Code if you choose to do so.

You are very welcome and good luck to you!

Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. Thank you!

Tina

Tina and other California Employment Law Specialists are ready to help you

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Thanks again and all the best to you.

Tina

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