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- Written by: Mo Eldessouky — California employment trial lawyer and founder of Eldessouky Law; recognized in the Top 10 Labor & Employment Verdicts in California (2024) for his role in securing a $34.7M defamation and wrongful termination verdict against Walmart; with over a decade of proven results in cases involving harassment, discrimination, wage & hour, and other workplace violations
- Focus: Practical guidance based on California law and real case outcomes
- Recognized by: Eldessouky Law has been featured in major news publications such as USA Today and CBS News for our commitment to protecting California employees and securing significant legal victories
- Last updated: August 2024
In California, if an employee is terminated or laid off, the employer must provide the final paycheck immediately at the time of termination, as required by California Labor Code Section 201. If an employee resigns with at least 72 hours’ notice, the final paycheck is due on their last working day, while resignations without notice allow the employer up to 72 hours to issue the final paycheck, per California Labor Code Section 202. The final paycheck must include all earned wages, accrued vacation or paid time off, and any other due benefits. Employers who delay the final paycheck may face waiting time penalties under California Labor Code Section 203. Direct deposit is permissible if previously authorized, but the employer must ensure timely payment. Exceptions may apply in certain cases, such as collective bargaining agreements. If an employee does not receive their final paycheck on time, they should first contact the employer and, if unresolved, file a wage claim with the California Division of Labor Standards Enforcement (DLSE). For assistance, contact Eldessouky Law to protect your rights.
