How and When You Should Receive Your Final Paycheck After Termination in California

In California, employees have strong legal protections when it comes to receiving their final wages after leaving a job. Whether you were laid off, fired, or resigned, state labor laws require your employer to pay you promptly—and in full. If they don’t, they could face penalties under the California Labor Code.

This article will walk you through your rights in 2025 regarding final paychecks, when you should receive them, and what to do if your employer fails to comply.

When Should You Receive Your Final Paycheck in California?

The timing of your final paycheck depends on how your employment ends:

If You’re Fired or Laid Off

According to California Labor Code §201, if you are terminated or laid off, your employer must provide your final paycheck immediately at the time of termination.

That final paycheck must include:

• All wages owed up to your last day of work

• Any unused, accrued vacation or Paid Time Off (PTO)

You should not be told to “wait for the next payroll cycle” or “pick up your check later.” That’s illegal.

If You Quit With At Least 72 Hours’ Notice

If you resign and provide 72 hours or more notice, your employer must provide your final paycheck on your last day of work, per California Labor Code §202.

If You Quit Without Notice

If you resign without giving 72 hours’ notice, your employer must issue your final paycheck within 72 hours of your resignation.

What Must Be Included in the Final Paycheck?

• Your regular wages (up to the last hour worked)

• Overtime wages (if any)

• Unused and accrued vacation or PTO (not sick leave unless it’s considered PTO)

• Any reimbursements owed (e.g., mileage, supplies)

• Bonuses or commissions due at the time of separation (depending on how they’re structured)

Final pay must be paid by check, direct deposit (if authorized), or cash—not IOUs, gift cards, or partial payments.

What Happens If Your Employer Pays You Late?

California law imposes waiting time penalties if your employer fails to provide your final paycheck on time. These penalties are calculated as follows:

• One day’s wages for every calendar day your paycheck is late (up to a maximum of 30 days).

So if you earn $200 a day and your paycheck is 10 days late, your employer could owe you an extra $2,000 in penalties.

These penalties apply even if you are eventually paid—because the law is clear: you must be paid on time.

Common Violations to Watch For

• You’re told to wait until the next payday

• Your employer “mails” the check after your last day

• They exclude accrued vacation/PTO from your final paycheck

• You’re misclassified as an independent contractor and denied timely pay

• You only receive partial payment

If any of these apply to your situation, your rights may have been violated.

What to Do If You Haven’t Been Paid

1. Ask for Clarification in Writing

   Politely email or message your employer requesting the final paycheck and mention the legal deadline based on your termination/resignation date.

2. Document Everything

   Save your termination letter or resignation notice, screenshots of conversations, and any partial pay records.

3. File a Claim with the Labor Commissioner

   You can file a wage claim with the California Division of Labor Standards Enforcement (DLSE). This process is free and protects you from employer retaliation.

4. Consult an Employment Lawyer

   If your employer is uncooperative or you’ve suffered financial harm, an employment attorney can help you recover your unpaid wages, penalties, and possibly attorney’s fees.

Can Your Employer Retaliate?

Absolutely not. California law protects employees who assert their legal rights. If you’re harassed, threatened, or blacklisted after demanding your final paycheck, you may have grounds for a retaliation or wrongful termination claim.

Final Thoughts

Employers in California are legally obligated to issue final paychecks quickly—and in full. Delays, omissions, or excuses are not just unethical; they are illegal. If you’re facing a late paycheck situation, take action right away.

Would you like me to continue with article #3: “Do You Qualify for Overtime Pay? A Guide to California’s Overtime Laws for Hourly Workers”?