I was fired yesterday for missing work to go to court can i go demand my check be givin to me today and if so and they refuse how can i go a...

Question

I was fired yesterday for missing work to go to court can i go demand my check be givin to me today and if so and they refuse how can i go about getting it

Answer

I assume that you were employed in California.

If so, you are entitled to your wages immediately upon termination. The California Labor Code gives you a right to certain penalties if you are not timely paid. If you have to file a claim, you can go either to court (usually small claims court) or the California Labor Commission.

Best of luck to you.

Answer

Calif. law requires that upon terminating an employee's employment, the employer is required to pay the final paycheck, including any earned and unused PTO (not sick leave) on the date of termination. If not, the employee is owed one day's pay for each day he/she has to wait to be paid - up to 30 days and the law states that if the final check is "willfully" withheld, the employer "shall" pay the employee's attorney to collect what is owed. If you want to pursue waiting time penalties, call an employment law attorney to discuss. Many times, a strong demand letter will get what is owed to you.