When does my employer have to pay me my final wages upon termination or resignation?

Under California law, employees who are fired or laid off must be given their final paycheck immediately, on the same day as termination. The final payment includes all unpaid wages, unused vacation time and business expenses the worker is owed.
Employees who resign without providing notice must be paid their final paycheck within 72 hours of resignation. Employees who resign after giving notice of at least 72 hours are entitled to receive their final wages by their last workday.
Employers who fail to provide an employee with their final paycheck promptly may have to pay penalties for each day the wages remain unpaid. If you have not received the wages you are owed, speak to an experienced employment attorney.

Other Unpaid Wage & Overtime FAQs:


My parents were heavily involved in community organizing. Seeing neighbors and friends’ parents struggle in the workplace gave me a sense of purpose that I wanted to help others. Many employees feel helpless and powerless in the workplace, and helping them vindicate their rights is the right thing to do.

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Jason took the time to explain and guide me through the challenging process, and went the extra steps in consistently providing guidance and putting my concerns and questions high on their list.

Jeff V., Oakland

Jason Erlich made me feel like I was in the right place right away.I had some serious problems with a previous employer and he took care of everything. From the start he helped with my concerns and fears going up against a big corporation.

Susan W., Pacifica

With Jason’s expertise, commitment and aggressiveness, the case is now over and it’s only been 6 months!! I would HIGHLY recommend Jason Erlich to anyone that needs an employment lawyer.

Carla, Petaluma

I can highly recommend Jason Erlich Esq. for any employment law matter. He is an outstanding lawyer, embodies a mix of honesty, knowledge, client care and tough mindset.

Roger J., Oakland

When employees' legal rights are violated, we take time to explain their legal options, listen to their goals, and aggressively argue their case until we achieve the resolution they deserve.