Can employers withhold paychecks from employees, when fired, in CA?

Answer 1

Most employer's envoke their rights to hold last paychecks from employees that are fired until that employee returns the company belongings (uniform, supplies, name-tag, etc). Once those items are returned, the check will be issued. Normally, they mail the checks to terminated employees, after the HR verifies all the items have been returned.

After two weeks, if you still haven't recieved the last check, call and speak to the HR.

Answer 2

In most cases they can not hold your paycheck otherwise they are violating federal laws and even some state laws.

The only exceptions are if you stole anything or the business filed bankruptcy. However, you can file a claim at the bankruptcy court for your back pay.

If you do owe them money for a loan. They can deduct that amount from the check but must pay you the remainder if any to you. Your department of workforce or the unemployment office can tell you how to file a complaint to get your last paycheck(S).

If it is a contracted Job then you need to look at the contract and you might be able to get them on breach of contract in court.

Answer 3

Normally I would think not. The California Department of Labor Standards Enforcement handles complaints from employees for "final paycheck not received," among other things. See their website for info on your rights and where and how to make a complaint to the Department of Labor Standards Enforcement. The link is below.

Answer 4

According to the California Labor and Workforce Development Agency http://www.workitout.ca.gov/default.asp?id=156

"Final paychecks depend on the quit notice or discharge:

Discharged pay immediately: All of your earned and unpaid wages, including accrued vacation pay, are due and payable immediately.

Quit within 72 hours notice: An employee without a written employment contract and who gives at least 72 hours notice of intention to quit, and you quit on the day given in the notice, you must be paid all of your wages, including accrued vacation, at the time of quitting.

Quit without giving 72 hours notice: An employee without a written employment contract who quits without giving 72 hours notice, must be paid all wages, including accrued vacation, within 72 hours of quitting. The employee may return to the office of the employer 72 hours after quitting and request final payment, or may request that the final payment be mailed to a designated address. The date of mailing will be considered the date of payment for purposes of the requirement to provide payment within 72 hours of the time of quitting."

Pretty much, so far as I know it is illegal to withhold pay from someone without legal precident, like child support, or a tax lien.

Otherwise they don't have the "right" to take it out and you can fight it. This website has a form you can file a complaint on.
http://www.labor.ca.gov/

My last job tried to screw me too. :(
Good Luck.

Answer 5

Depends on if you owe the company money, didn't return a key, uniforms, property of the company or don't sign your release forms.

All has to be completed before you get your last check.

So yes! they can!

Answer 6

i'm not sure . call a friend of mine at 1-866-471-3782 or www.debbicarroll.com [lz tell her mark referred you if she cant help u she can tell u who to speak with . good luck

Answer 7

if the employee was fired for stealing funds they can.. in any state

Answer 8

Yes, if you owe them money from advances or something

Answer 9

check with better business bureau,ask a lawyer discuss why check is withheld (if you know).

Answer 10

yes they can