When Must an Employer Pay an Employee Who is Terminated Without Notice

Under California law, if an employer terminates an employee without providing any notice, then the  final paycheck for all earned and unpaid wages, including any accrued but unused vacation or paid  time off (PTO), is due and payable immediately upon termination. “Immediately” means that the  employer must provide the final paycheck on the day of termination, or no later than the next  business day if the termination occurs on a weekend or holiday. 

California law defines wages to include all forms of compensation, such as commissions and  bonuses, that the employee has earned and that are due at the time of termination. The employer  may also be required to pay any applicable overtime, as well as any penalties for failing to timely  provide the final paycheck. 

If an employer fails to pay the terminated employee all wages owed on time, the employee may be  entitled to additional remedies, including waiting time penalties. These penalties can amount to up  to 30 days of the employee’s average daily pay, and they are in addition to any wages or other  damages owed. 

It’s important to note that there may be exceptions to the timing of final paycheck requirements in  certain situations, such as when an employer has a regularly scheduled payday that is no later than a  certain number of days after the end of the pay period. However, in most cases, an employer must  provide the final paycheck immediately upon termination without notice.