Company owes me final paycheck (California) - terminated 2 weeks ago, still no pay

I was terminated from my job on November 11th (so 2 weeks ago). It was a layoff, not for cause. They said my final paycheck would be mailed "within a week." Nothing arrived.

I've emailed HR three times and called twice. First they said it was "processing." Now they're saying there's a "payroll issue" and to "be patient."

I'm owed about $6,800 (two weeks of wages plus 40 hours of unused PTO). I'm in California. Isn't there some law about when they have to pay you? This is causing real financial hardship - I have rent due.

California employment attorney here. You're in luck - California has some of the strongest final pay laws in the country.

Under Labor Code Section 201, if you were terminated (not quit), your employer was required to pay ALL wages due immediately at the time of termination. Not within a week. Not when they get around to it. Immediately.

They're already 14 days late. This triggers significant penalties under Labor Code 203.

Former HR here. California waiting time penalties are brutal and your former employer should know this.

Under Labor Code 203, for every day they're late paying your final wages, you're owed one day's pay as a penalty, up to 30 days maximum.

If your daily rate is around $340 (based on $6,800 for two weeks), you're already owed approximately $4,760 in penalties alone (14 days x $340). And that number grows every day they delay.

Wait, so I could be owed an additional $4,700+ on TOP of the $6,800 they already owe me? That's over $11,000 total?

How do I actually collect this? Do I need to hire a lawyer?

Yes, potentially more if they continue to delay. The penalties max out at 30 days, so your maximum penalty exposure would be around $10,200 (30 days x $340).

You have several options:

1. File a wage claim with the California Labor Commissioner (DLSE) - Free to file, no attorney needed. They'll investigate and hold a hearing. This is the most common route.
2. Sue in Small Claims Court - Limit is $10,000 for individuals, so this could work depending on the final numbers.
3. Hire an employment attorney - Many take these cases on contingency since California allows recovery of attorney's fees for wage claims.

I'd actually start with a demand letter. Send something in writing citing Labor Code 201 and 203, demanding immediate payment of all wages plus waiting time penalties. Give them 5-7 days to respond. Sometimes companies suddenly find a way to process payroll when they see you know the law.

I went through this exact situation last year. Filed a wage claim with the California Labor Commissioner. Got my wages PLUS the full 30 days of waiting time penalties. The whole process took about 3 months but it was worth it.

Filing is easy - you can do it online at dir.ca.gov. You'll fill out form DLSE-1 (Initial Report or Claim). Include copies of your paystubs, termination documentation, and any emails showing you tried to get paid.

One thing to add: make sure you're including your unused PTO in your claim. Under California Labor Code 227.3, accrued vacation/PTO is considered earned wages and MUST be paid out at your final rate of pay upon termination.

Some companies try to say "we don't pay out PTO" - doesn't matter what their policy says. California law requires it.

This is all super helpful. A few more questions:

1. Should I send the demand letter via email or certified mail?

2. Is it worth trying to negotiate with them first, or should I just file the wage claim?

3. My company is a startup that I heard is having cash flow issues. What if they just don't have the money?

1. Both. Send via email AND certified mail. The email ensures they get it immediately. The certified mail creates proof of delivery they can't dispute.

2. The demand letter IS negotiating first. You're giving them a chance to resolve it before you file. Many companies will pay up when they realize you know about waiting time penalties.

3. Cash flow issues don't excuse violating labor law. If the company can't pay, you have a few options:

• If they're still operating, a Labor Commissioner judgment is enforceable like any other debt
• Owners/officers can sometimes be held personally liable for unpaid wages under Labor Code 558.1
• If they go bankrupt, wage claims have priority in bankruptcy proceedings

Don't let their financial problems become yours. File your claim.

Current HR professional here. Just want to echo - any competent HR team knows California final pay rules. The fact that they're giving you the runaround is either gross incompetence or intentional delay.

When you send your demand letter, CC the CEO or whoever is most senior that you have contact info for. Sometimes HR is stalling without leadership knowing the legal exposure they're creating.

If the company is a startup with cash flow issues, they may try to negotiate paying you less than you're owed in exchange for quick payment. Don't take a lowball offer. You have the law on your side.

I've seen companies try to offer "50% now" - don't fall for it unless you're truly desperate. Once you file with the Labor Commissioner, they usually pay up quickly to avoid the full penalty exposure.

UPDATE: Sent the demand letter yesterday citing Labor Code 201, 203, and 227.3. Gave them until December 3rd to pay all wages plus penalties accrued to that date.

Got a call from their COO this morning (CEO must have forwarded my email). He was apologetic and said they'll have a check for me by Monday. I told him the check needs to include waiting time penalties or I'm filing with the Labor Commissioner.

He pushed back on the penalties at first, but I held firm and cited the specific code sections. He said he'd "discuss with their counsel and get back to me."

Their counsel will tell them to pay. Any employment lawyer in California knows fighting waiting time penalties is a losing battle when the employer is clearly at fault.

Good job holding firm. Many people accept the base wages and give up on penalties because they feel bad or don't want conflict. But these penalties exist specifically to punish employers who delay payment.

Great thread. Tagging this for future reference since we see California final paycheck questions regularly.

Key points for anyone finding this later:

• California Labor Code 201: Final pay due immediately upon termination
• Labor Code 203: Waiting time penalties of one day's pay per day late (max 30 days)
• Labor Code 227.3: Accrued PTO must be paid out
• File with CA Labor Commissioner if employer won't pay

FINAL UPDATE: They paid in full! Got a check today for $6,800 in wages/PTO plus $5,780 in waiting time penalties (17 days at my daily rate). Total was $12,580.

The COO even included a written apology and said they're updating their offboarding process. I doubt that last part, but I don't care - I got paid.

Cannot thank this community enough. I went from feeling helpless and worried about making rent to getting almost double what I was originally owed. Know your rights, people.

Excellent outcome! This is exactly how it should work. The waiting time penalty law exists to make delaying final paychecks more expensive than just paying on time.

For anyone else in this situation: document everything, know the specific code sections, and don't be afraid to assert your rights. Most employers will pay up once they realize you're informed.

Love seeing these success stories. California wage laws are powerful but only if workers know about them and use them. Glad it worked out!

Bookmarking this thread. Just got laid off last week and my company is already making excuses about "next pay cycle." Based on this thread, I'm sending a demand letter tomorrow if I don't have my check in hand by end of business today.

Thank you to everyone who contributed!