You recently lost your job in the San Francisco area, and your old employer has done something very annoying – refused to give you your last paycheck. You probably feel many emotions right now: boiling mad, confused, overwhelmed by your situation, and scared that you won’t be able to get a new job to make your budget and pay your bills.
Fortunately, California has very “labor-friendly” laws.
Barring exceptional circumstances, you’re legally entitled to your final paycheck. If you got fired from a packaging or food preparation job, you need to receive your check within three days in California – or at least your boss has to put the check in the mail.
If your boss “lacks the funds” right now to pay you, that’s too bad.
Your boss legally still needs to pay you. Your boss may even be subject to a waiting time penalty. This means that he or she will need to pay you for additional charges on top of the amount of your last paycheck.
If you earned vacation time as part of your wages, California law says that your boss needs to pay for that, too, with certain exceptions.
If you have company property in your possession, and the company wants that property returned, you should obviously return it. But don’t be bullied into believing that you can’t get paid until you return that property.
The California Division of Labor Standards enforcement is responsible for compelling employers to “play fair.”
California labor court statutes that might apply include 201, which pertains to what happens when a worker gets fired; 202, which is about what happens when a worker quits his or her job; 203, which is about the waiting time penalty; and 227.3, which is about accrued vacation pay.
If you need help understanding your rights according to California labor laws, connect with the team here at the Law Offices of Daniel Vega.
Our San Francisco employment lawyers are widely respected, and we can provide a free consultation. Connect with us now at 866-471-6847, or explore free online resources for fired employees at www.vegalawyer.com.
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