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

Started by morgan_r_34 · Feb 10, 2025 · 18 replies
For informational purposes only. Employment laws vary by state. Consider consulting with an attorney for your specific situation.
MR
morgan_r_34 OP

Using a throwaway bc my boss knows my main. I was terminated from my job on November 11th (so 2 weeks ago). It was a layoff as far as I know, 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.

TC
TaxPro_CPA_7

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.

HK
heather_k_1 Attorney

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.

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

MR
morgan_r_34 OP

Yeah uPDATE: Sent teh 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."

CBD
lisa_nguyen_3 Business Owner

The key lesson I learned from my experience: DOCUMENT EVERYTHING. Screenshots, emails, certified letters, photos โ€” all timestamped. When it came time to prove my case, having a clear paper trail made all the difference.