How soon does an employer have to pay me upon my resignation?

California employers frequently fail to follow the most basic of employment laws. For example, we get a quite a few calls from potential clients who were either fired or laid off, or they resigned, and they were not given their final paycheck according to law. The common question among all of these potential clients is, “My employer still has not paid me my final paycheck after I resigned or after I was terminated, is this legal?”

Under California wage & hour law, an employee who is terminated, whether it be being fired or laid off, must be given their final paycheck immediately. This includes all of their wages owed to them and accrued vacation time, immediately upon termination.

However, employees who resign without giving notice must be paid their final paycheck no later than 72 hours after they resign. Employees who resign and provide notice of at least 72 hours must be paid their final paycheck on their last and final day of work. If your employer has not paid your final paycheck according to law, or still has not paid your final paycheck, call an attorney or contact the California Labor Board and file a claim.