The deadline, and what it depends on
When your employer ends the job, the deadline depends only on your last day. When you end it, it depends on how much notice you gave.
Labor Code 201 and 202. Waiting-time penalties do not apply where the employer shows a good-faith dispute over whether wages were owed, or where the employee avoided accepting payment.
If you were fired vs if you quit
- Fired or laid off: Immediately — final wages are due on your last day.
- You quit: Within 72 hours of quitting. If you gave at least 72 hours' notice, final wages are due on your last day.
Unused PTO — is it owed?
Yes. Earned vacation is treated as wages in California and must be paid with the final check. Use-it-or-lose-it forfeiture is not permitted. It is paid at your final rate of pay, as part of the same final paycheck and on the same deadline as your wages.
What happens if they are late
Your daily wage continues as a penalty for each day the final paycheck is late, up to 30 days.
How to file a claim in California
File a wage claim with the California Labor Commissioner's Office (DLSE). Filing is free, and you do not need a lawyer.
- Ask in writing first. Email creates a dated record.
- Send a short demand letter naming the amount, the deadline, and any penalty that applies in California.
- File the wage claim. Keep copies of pay stubs and your schedule — the time card calculator can total the unpaid hours for you.
California final paycheck: common questions
Can they hold my last check until I return my equipment?
No. In California your final wages are due by the deadline on this page whether or not you have returned a laptop, uniform or keys. Your employer can ask for the equipment back or pursue its cost separately, but federal law bars deductions for it that would cut your pay below minimum wage or eat into overtime.
Do I get paid for unused vacation?
Yes. Earned vacation is treated as wages in California and must be paid with the final check. Use-it-or-lose-it forfeiture is not permitted. It is paid at your final rate of pay, as part of the same final paycheck and on the same deadline as your wages.
What if I quit without notice?
No. Quitting without notice does not forfeit anything you earned in California. Without notice, the deadline is 72 hours after you quit; with at least 72 hours' notice, it would have been your last day. Notice only changes the timing, and only where state law says so.
When is my final paycheck due in California if I am fired?
Immediately — final wages are due on your last day. Everything you earned is due on that deadline, along with any unused vacation your state or your policy makes payable. If it arrives late, the section on penalties above explains what follows.
What happens if my final paycheck is late in California?
Your daily wage continues as a penalty for each day the final paycheck is late, up to 30 days. File a wage claim with the California Labor Commissioner's Office (DLSE). Filing a claim is free, and you do not need a lawyer.
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California overtime rules and calculator →
One other state also require payment the day you are let go: Montana.
Worked across a state line? Oregon final paycheck law.