If you get terminated from your job in California, Labor Code § 202 requires your employer to provide your final paycheck that very day. If you voluntarily resign, you must receive your final paycheck on your last day of work if you give at least 72 hours of notice; otherwise, your employer has 72 hours to provide it.
Legal Analysis
California Labor Code 202 LC spells out when employers must deliver final paychecks to you:
- When employers fire or lay you off, the employer must hand over your final paycheck immediately upon termination.
- When you quit with at least 72 hours of notice, the employer must hand over your final paycheck on your last day of work.
- When you quit with no notice, the employer has 72 hours to hand over your final paycheck.
If you resign without notice, you can request that the employer send you your final wage payment to a specific address. The paycheck must be mailed within 72 hours of your last day.1
Note that final payment includes not only unpaid wages but also unused vacation and sick days, and any other time off you accrued.2
California Labor Code 202 LC gives employers 72 hours to give final paychecks to employees who quit without notice.
Frequently-Asked-Questions
If I quit without notice because my job was dangerous or abusive, can I get my final paycheck right away?
No. If you give less than 72 hours of notice before leaving your job, the employer has 72 hours to pay you. It does not matter if you had a really good reason to quit without notice.
What if the employer is late in paying me?
If a California employer is late on doling out your final paycheck, you may be able to collect on waiting time penalties equal to your daily rate of pay for each late day (up to 30 days maximum).3 Learn how to file a wage claim with the Labor Commissioner here.
Alternatively, you can bring a wage and hour lawsuit against the employer.
Are there exceptions to LC 202?
If you work in motion pictures or agriculture, the employer may have more wiggle room about when you get your final paycheck.4
See our related articles: What happens if my employer in California pays me late? and Does your employer have to pay you for unused vacation time?
Legal References
- California Labor Code 202 LC – Quitting employee; Payment within 72 hours; Notice of intention.
See also: Southern California Pizza Co., LLC v. Certain Underwriters at Lloyd’s, London (Cal. App. 4th Dist., 2019) 40 Cal. App. 5th 140; McLean v. State of California (Cal., 2016) 377 P.3d 796, 1 Cal. 5th 615.
- LC 227.3.
- LC 203. See also LC 210.
- Paydays, pay periods, and the final wages, Department of Industrial Relations.