Fired or Quit? When Do I Get Paid?

In California, if an employer fires or terminates an employee, the employer must immediately pay the employee all unpaid wages at the time.  If an employee quits his or her employment, the employer shall pay the employee all unpaid wages with 72 hours. (Labor Code §§ 201-203, 1194.) These time limits are strictly construed and cannot be undercut by employer payroll practices or any industry habit or custom to the contrary. In other words, an employer cannot simply wait for the next regular payroll cycle to pay a discharged employee. An employer that does not pay its employees all unpaid wage when required is liable for both the underpayment of wages and, if the failure to pay is “willful,” a “waiting time” penalty of up to 30 days’ wages.