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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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When an employee is fired do they have to be given their final

Customer Question

when an employee is fired do they have to be given their final check at that time or when payroll is done?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.
In California, a terminated employee is entitled to their final earned wages IMMEDIATELY upon separation of employment--not at the time of the next scheduled pay period. (Labor Code 201) Furthermore, a penalty is assessed against the employer for each day of delinquent payment in the amount of the employee's average daily rate of pay. (Labor Code 203) This penalty continues accruing for up to 30 days. So, for example, if an employee made on average $100 a day and the employer did not pay the employee's final earned wages for 20 days after the employee was fired, the employer would be liable to pay a $2,000 payment to the employee in addition to their final earned wages.
Both the final earned wages and penalty can be pursued by filing a wage claim with the Department of Labor Standards Enforcement. To file a wage claim with the DLSE, visit this link:
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