Your Final Paycheck Rights in California

 

Learn what should be included in your final paycheck -- and when you are entitled to receive it.

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When your job ends, you have the right to be paid for all of the work you've done. Whether you quit, you were laid off, or you were fired, your employer must give you a final paycheck that includes all of the wages you have earned. The deadlines and contents of your check depend on California law. 

When Is Your Final Paycheck Due?

Federal law does not set a deadline for your final paycheck. But some states require employers to pay your final paycheck within a set number of days after termination or resignation. And, these deadlines sometimes differ depending on whether you were fired or resigned. 

If you are fired, laid off, or otherwise let go by your employer in California, your employer must pay your final paycheck immediately at the time of the firing, with a few exceptions for employees in particular industries. Check the California Department of Industrial Relations website for information about the exceptions. If you quit without giving at least 72 hours' notice, your employer must pay your final paycheck within 72 hours after you quit. If you gave at least 72 hours' notice of your intention to quit, your employer must pay your final paycheck immediately at the time you quit. 

What Must Your Final Paycheck Include?

Regardless of any deadlines, your employer must pay you all wages you earned. In some states, this includes any accrued vacation time that you haven't used yet; in others, it does not.

Under California law, your final paycheck must include pay for accrued vacation time.

If you believe a former employer has not paid you all wages you earned, see How Can I Find a Wage and Hour Lawyer in California?


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Jurisdictional relevance: ST

There are versions of this article for each State.