In California, employers are legally required to pay out any unpaid wages before an employee is terminated. This may include all unpaid wages and benefits one may have acquired, including unpaid vacation time, bonuses, expense reimbursement, and any commission pay. If an employer fails to pay out an employee on time, they may have an unpaid wages claim to file. The employee may also sue for each day the employee is unable to collect unpaid wages, further increasing the dues owed.
It is illegal in California for an employer to not pay out any wages due to a terminated employee. In most instances, the employee will be able to sue for their wages due as well as fees for every day the wages are not paid.
When is an employer required to pay out unpaid wages?
Before an employee is officially terminated the employer is required by California law to payout any unpaid balances. If an employee chooses to quit without giving prior notice to the employer, the employer will typically have 72 hours to have the final wages ready. If an employee gives a 72-hour notice, the employer is expected to have the wages ready on the final day.
There are some exceptions to this law, however. People working in the movie industry usually work odd hours and days throughout the week. Employees who have been laid off or fired from a movie set should be able to collect unpaid wages by their next workday. Oil drilling workers are required to be paid 24 hours after being terminated.
How much can an employee make if their employer doesn’t pay them on time?
Any employee who has not been paid their wages on time may sue for any balances due. An employer who fails to pay wages when an employee has been terminated may be sued for each day they do not pay out the wages. An employer could have to pay for up to 30 days of unpaid wages if they do not pay out the balance. An employee would gain their daily pay for each day they have gone unpaid, for a maximum of 30 workdays. The employee may also collect interest, as well as have their attorney’s fees covered by the opposing party.
Although an employer may try to prove that they had good cause in not paying unpaid wages, they must first notify the employee that there is a problem. However, if an employer has a dispute about a portion of the wages, they must pay the rest of the remaining balance while the dispute is handled.
How can an employee check if they can collect unpaid wages?
California law allows for a minimum wage and mandatory overtime to be set in employees who work full time or a certain number of hours for a company. Checking that an employee was given fair minimum wage (or their contracted wage) at the number of hours they have worked is the first step an attorney would take in this process. The attorney would go through all paychecks, all hours the employee has worked and figuring out how much is due in unpaid wages and unpaid overtime. The attorney would also see for how many days the employee was not able to collect unpaid wages. Any extra day not paid to the employee will result in more money for the employee later on.
F.A.Q.S:
Q: What happens to unused vacation time when an employee is fired?
A: If the employer allowed for paid vacation time and the employee had not used it, the employer is required to pay out the remaining hours of paid vacation time.
Q: Can an employee sue for not receiving enough break time, or having to work during the breaks?
A: Yes, employees are able to sue if their break time has been taken away or the employee was given ‘off the clock’ work. Off the clock work typically means the time an employee was given work or had worked during their break periods.
Q: While working, an employee had broken the rules and was fired. They have not been paid for 2 weeks, can they sue?
A: It does not matter what the employee has done. The employer must have had the employee’s money by the end of the day. The employee may sue in this situation, as well as sue for the two weeks that they were not given their unpaid wages.
Contact Pride Legal
If you or a loved one has been not able to collect their unpaid wages, we invite you to contact us at Pride Legal for legal counseling or any further questions. To protect your rights, hire someone who understands them.
