What are my rights if my employer withholds my final wages?

If your employer withholds your final wages in California, you are entitled to file a wage claim with the state labor commissioner. Your employer is legally required to pay you all wages due to you including salary, wages, commissions, bonuses, vacation pay, and any other compensation that you have earned. California Labor Code section 201 gives you the right to receive payment of your final wages within 72 hours of your separation from the company. If your employer fails to do so, you have the right to demand payment in writing. If your employer still does not pay, you may be entitled to file a wage claim with the California Labor Commissioner. When you file a wage claim, you can recover up to $10,000 in unpaid or unreimbursed wages and reimbursement of any associated litigation costs. Your employer is also prohibited from retaliating against you for filing the claim or for testifying on behalf of another employee in a claim. You may also be eligible for a penalty of waiting time which is calculated by taking the amount you are owed and multiplying it by the number of days, up to a maximum of 30 days, that the payment was delayed. Additionally, if your former employer does not pay you the final wages within 90 days, they may be liable for an additional assessment of up to 30 days of wages. If your employer has failed to pay you your final wages, you should contact a qualified employment lawyer to discuss your rights and legal options. A lawyer can help you to file a wage claim and ensure that you are compensated as you deserve.

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What are my rights if my employer withholds my final wages?

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