I gave my employer a two week notice that I was quitting. My last day of work was on a Friday and my boss said my final check would be ready...

Question

I gave my employer a two week notice that I was quitting. My last day of work was on a Friday and my boss said my final check would be ready on Wednesday. California law states they have to give me my last check within 72 hours. My boss said weekend doesn't count. Is my boss telling the truth ?

Answer

The 72 hour rule only applies when no notice is given at all and the employee resigns immediately. In your case, the employer should have issued a payment immediately on the last day that you reported for work. However, speaking in practical terms, this violation is not significant enough to warrant legal action due to its inherent low financial value.

Thanks,

Arkady Itkin

Answer

I agree with the first two sentences of Mr. Itkin's response. Your question does not provide enough information to know if the penalties are worth pursuing, either in small claims court or before the Labor Commission. In any event, that is a matter for you to decide.

Answer

I further agree that the law required your employer to have your check ready on your last day (unless they were a public entity which are exempt). So the 72 hour rule does not apply to you. As for it being worth it, they owe you a day's pay for each day past your last day of work that you have to wait for the check. You can pursue a claim for that "waiting time penalty" with the Dept. of Industrial Relations, Division of Labor Standards Enforcement without a lawyer (the claims process is somewhat like small claims court, only the court is kind of on your side since it conducts an investigation rather than a neutral trial). You can find information and start the process here: http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm Only you can decide if it's worth it to pursue.