Final Paycheck Rules for Fired Employees in California

California Labor Code section 201 says that when a worker is fired, they must be paid all their final wages right away — on the same day they are let go. There is an exception for employers terminating or laying of employees at the end of seasonal employment in the curing, canning, or drying of any perishable fruit, fish, or vegetables that allows employers to timely pay those workers within 72 hours after termination. The deadline to pay may also be 72 hours for employees who quit or resign, rather than get fired or laid off.

Final wages include not just regular pay, but also any unpaid overtime, bonuses, or vacation time that the worker earned. The goal is to make sure workers aren’t left waiting for money they already earned after losing their job.

If an employer fails to pay final wages on time, they can face waiting time penalties under California Labor Code section 203. This penalty is equal to one day of the worker’s pay for each day the payment is late, up to a maximum of 30 days.

(See Link(s): Labor Code sections 201, 202, and 203)