Is my employer allowed to withhold my final wages after firing me?
No. The California Labor Code states that an employee who is fired must be paid all of their wages immediately at the time of termination. The final paycheck should include all earned and unpaid wages, as well as accrued vacation, bonuses or commissions if applicable.
An employee can file a complaint with the Labor Commissioner’s Office if he or she does not receive their final paycheck from their employer. Employers must pay a “waiting time” penalty for willful failure to pay final wages immediately upon termination. The penalty accrues at the employee’s average daily wage for a maximum of 30 days. The 30-day period includes weekends, holidays and other days the employee would not usually work.
When calculating the penalty, overtime wages are included only if the employee had regularly scheduled overtime each week. The penalty stops accruing once the employer pays the outstanding wages, or the employee decides to file a complaint in court to recover the unpaid wages with the help of an attorney.
If you are owed wages, suspect you are wrongly classified as exempt, or any other overtime, minimum wage or other wage error by your employer, McCormack Law Firm has an extensive background helping individuals with wage claims to recover their damages.
Other Unpaid Wage, Overtime and Commissions FAQs
- Am I entitled to meal breaks and rest breaks if I am working remotely?
- Are computer programmers and tech workers exempt from overtime?
- Can an employer disclose my immigration status if I file a claim for unpaid wages?
- Can I get fired for claiming overtime pay?
- Can my employer change my commission plan or withhold commissions?
- Can my employer fire me for filing a wage claim?
- Can salaried workers earn overtime in California?
- Do I still get overtime if I am a commissioned salesperson?
- Does my employer have to pay me for off-the-clock work?
- Does my employer have to reimburse me for work expenses?
- How can a lawyer help with my claim for unpaid wages?
- How can I protect myself from wage theft?
- How can I tell if I am an independent contractor?
- How do I file a claim for unpaid wages?
- How do I know if I am entitled to overtime pay?
- How do I know if my employer needs to pay me overtime?
- How is overtime pay calculated in California?
- How much time do I have to file a wage claim in California?
- How much time do I have to file an overtime claim?
- If I receive a salary, am I exempt from overtime?
- If my employment is terminated, is my employer still required to pay me my commissions?
- Is my employer allowed to deduct anything from my paycheck?
- Is my employer allowed to deduct tips from my paycheck?
- Is my employer allowed to withhold my final wages after firing me?
- Is my employer required to pay for my meal break and rest breaks?
- My employer is forcing me to work through meal breaks. What should I do?
- What are some examples of wage theft?
- What are the main differences between an independent contractor and an employee?
- What is an exempt and non-exempt employee?
- What is the minimum wage in California?
- What should I do if I suspect my employer is withholding wages?
- What should I do if my boss asks me to work off the clock?
- What types of damages can I get in a wage claim against my employer?