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In the State of California, the employer *should* have your final pay at time of letting you go.
But they have 48hrs to give you your final pay which would include any sick/vacation/and or stock options.
If you don't receive your check within 48hrs of termination, you file a report with the CA Employment Board and You (terminated employee) can file a claim to charge your company your daily wage for everyday passed the initial 48hrs -- up to 30days. This includes weekends.
Example: If you get let go on 12-01-10 your employer has 48hrs to pay you ALL of your final pay. If you don't receive your check by Sat 12-04-10. You keep waiting for your check to arrive and it never arrives. It is the employer's responsibility to get your check to YOU. Say the check was cut on the next payday but employer didn't mail or Fed-x the check to you, and now it is 01-04-10 (32 days after termination), you get to file a claim with the CA Labor Board and charge your X-employer for EVERYDAY including weekends.
$10.00 per hour x an 8 hour day x 30 days= $2,400
Once the claim is filed, the CA labor board contacts your employer and slaps them with YOUR bill for holding on to YOUR hard earned money for too long, a lesson they aren't likely to forget.
Enjoy!
In California, the employer must pay through the last day that the employee worked and the employee is entitled to their paycheck immediately when fired, or within 72 hours if the employee quits.
Cal. Labor Code section 201. (a) If an employer discharges an employee, the wages earned and unpaid at the time of discharge are due and payable immediately. See also, Cal. Labor Code sections 202, and 227.3.
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