When must my employer provide my final paycheck after I am fired or I quit in California?

In California, your employer must give you your final paycheck immediately if you are fired. If you quit, they must pay you within 72 hours, or on your last day if you gave at least 72 hours' notice. Here is how to determine the deadline and what to do if your paycheck is late: Step 1: Determine if you were fired or if you quit. The deadline for your final paycheck depends entirely on how your employment ended. A layoff is considered the same as being fired for the purposes of this rule. Step 2: If you were fired, demand immediate payment. Under California Labor Code section 201, your employer must give you your final check, including all earned wages and accrued, unused vacation time, on the day you are terminated and at the place of termination. Step 3: If you quit, determine your specific deadline. If you quit without giving notice, your employer has 72 hours to provide your final paycheck. If you give at least 72 hours' notice that you are quitting, your employer must provide your final paycheck on your last day of work. You can request that this check be mailed to you. Step 4: Calculate potential waiting time penalties. If an employer willfully fails to pay on time, they may owe you a penalty under Labor Code section 203. The penalty is equal to your average daily wage for each day you are made to wait, for up to a maximum of 30 days. Step 5: File a wage claim with the Labor Commissioner. If your employer does not pay you on time, you can file a wage claim with the California Labor Commissioner's Office (Division of Labor Standards Enforcement). You can file this claim online or at a local office. Gather your pay stubs, your notice of termination or resignation, and any employment contract. Important considerations: Final wages include more than just your hourly pay; they must also include any earned and unused vacation time or paid time off (PTO). Bonuses and commissions may also be due, depending on your employment agreement. The failure to pay must be "willful" for penalties to apply, meaning your employer intentionally failed to pay on time. Note: These rules apply to most employees in California. However, there are some exceptions for employees covered by a collective bargaining agreement or for workers in specific industries like seasonal canning or curing. This is general information and does not constitute legal advice. For complex situations, such as disputes over commissions or whether the failure to pay was willful, consult with a qualified California attorney.