Getting your last paycheck should be simple. You leave your job, your boss pays you what you’re owed. But in California, that doesn’t always happen. Some employers don’t pay on time. Others don’t pay at all. If this has happened to you, you’re not alone—and you have rights in a unpaid wage case.
When Should You Get Your Final Paycheck
In California, the law is clear. If you quit and gave at least 72 hours’ notice, your employer must give you your final paycheck on your last day. If you quit without notice, they have 72 hours to pay you. If you’re fired or laid off, you must be paid right then and there, on the spot.
This paycheck must include everything you’ve earned—wages, overtime, and unused vacation time. It should not be delayed. It should not be short. It should not be skipped. And if it is, the law gives you ways to make it right.
What Happens When Your Employer Doesn’t Pay You
If your final paycheck is late or missing, that’s a violation of the law. California’s Labor Code says you may be owed “waiting time penalties.” That means for every day you’re not paid, you could be owed an extra day of wages, for up to 30 days. This is meant to hold your employer accountable and get you paid faster.
Let’s say you made $150 a day. If your employer failed to pay you after being fired, and you wait 20 days for that check, you might be owed an extra $3,000 in penalties. That’s on top of the wages they already owe you.
Why Employers Sometimes Don’t Pay
Sometimes, an employer doesn’t understand the law. Other times, they hope you won’t push back. Maybe they say your final check is coming. Maybe they tell you there’s a “process.” Or maybe they just don’t respond. But a delay is not legal. A promise is not payment. You shouldn’t have to beg for what you already earned.
What You Can Do If You Don’t Get Paid
If you’re still waiting for your last paycheck, you have strong options. First, you can send a written demand for payment. This puts your claim on record. You can mail a letter, send an email, or deliver it in person. Make sure you keep a copy.
Next, you can file a wage claim with the California Labor Commissioner. This office helps workers who are owed wages. The process is free, and you don’t need a lawyer to get started. But it can take time.
If you want to move faster—or if you want someone by your side—you can also take legal action. Filing a lawsuit lets you pursue your wages, penalties, attorney’s fees, and court costs. It also sends a strong message that you won’t be ignored.
What Happens After You File a Claim
Once your wage claim or lawsuit is filed, your employer will be notified. They’ll have a chance to respond. There may be a hearing or a settlement. If the court or Labor Commissioner finds in your favor, they’ll order your employer to pay what they owe. In some cases, the court may also require your employer to pay penalties for breaking the law. This adds pressure and makes it more likely you’ll get paid in full.
How Long Do You Have to Take Action
You have time—but not forever. In California, you usually have up to three years to file a claim for unpaid wages. For waiting time penalties, the limit is one year. But don’t wait that long. The sooner you act, the stronger your case may be. Time matters. So do records. Save your pay stubs, timesheets, texts, or emails. Anything that shows when you worked and what you were paid will help.
Why It’s So Important to Speak Up
Every paycheck tells you something. It says your time matters. Your work matters. When an employer doesn’t pay what they owe, they’re saying the opposite. Filing a claim isn’t just about money. It’s about standing up for yourself. It’s about protecting your future. And it’s about stopping bad practices before they hurt someone else.
What If Your Employer Says You Don’t Deserve It
Some employers may try to claim you weren’t owed that money. They might say you didn’t work the hours you claimed. Or that you didn’t follow the rules. Or that you damaged property or violated company policy.
But none of that gives them the right to hold back your final paycheck. If they believe you caused them harm, they can take legal action after paying you. What they can’t do is punish you by withholding your wages. That’s illegal. Your right to be paid doesn’t depend on your boss’s opinion. It depends on what the law says.
Even if you were terminated for cause—even if you were let go on bad terms—you still have the right to your final pay, in full and on time.
How Waiting Time Penalties Work
Waiting time penalties apply when an employer willfully fails to pay your final wages on time. These penalties equal one full day of wages for every day the paycheck is late, up to 30 days. So if you’re paid hourly, the penalty is based on your daily rate.
Let’s say you worked eight hours a day at $20 per hour. That’s $160 a day. If your employer makes you wait 30 days, the penalty could be $4,800. This is not just a slap on the wrist. It’s real money. And it’s the law’s way of telling employers to follow the rules.
What If You Are Paid Late, But Not in Full
Sometimes, employers try to get around the law by giving you part of what you’re owed. Maybe they leave off your vacation pay. Or forget your last few hours of work. Or give you a check without a clear breakdown. Even if you get some money, that doesn’t mean they’ve done their part. The law says your final paycheck must be complete. That includes your regular wages, overtime, and all accrued vacation time. If anything is missing, you may still be entitled to waiting time penalties and other damages.
You Don’t Have to Face This Alone
If your final paycheck was denied or delayed, you have strong legal rights. And at The Myers Law Group, APC, we help workers like you take action. We understand the law. We listen. We guide. And we fight to make sure you get paid what you earned. Call us today for a free, private consultation. Let’s talk about your situation and the steps you can take. You worked hard for that money. Now it’s time to make sure you get it.
