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Final Check California

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  • Final Check California

    I was asked to either resign or be terminated. I was a salaried employee. What is the time frame in which my ex-employer is supposed deliver my final check and since I chose to resign, am I only eligible for actual hours worked or for the whole week?

  • #2
    The general rule is if the employee is fired or quits with at least 72 calendar hours notice, then the payment is due the last day of work. If the employee quits with less then 72 calendar hours notice, then the payment is due within 72 calendar hours.

    "Salaried" is just a payment method and does not mean much by itself. Exempt Salaried is a function of the 29 CFR 541.602 rules and Non-Exempt Salaried is (mostly) a function of the 29 CFR 778.113 rules. While the Exempt Salaried rules generally has restrictions on docking salaries, there is an exception for the initial/terminal week of employment. During the initial/terminal week of employment, any employee can be paid for actual hours worked only.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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