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California sets its own deadline, its own penalty, and its own rule on unused vacation. Here is what the statute says, what it is worth to you, and where to file if the money never arrives.
Wages earned and unpaid are due and payable immediately at the time of discharge (Cal. Lab. Code § 201).
If you gave at least 72 hours' notice, final pay is due at the time you quit (§ 201). If you gave less than 72 hours' notice, final pay is due within 72 hours (§ 202).
Accrued, unused vacation is wages and must be paid at separation (Cal. Lab. Code § 227.3). Use-it-or-lose-it forfeiture without a vested cap is not enforceable.
Earned commissions are wages and are due at separation like any other wage; a commission is earned when all conditions for entitlement are satisfied, even if the payment date falls later.
Waiting time penalty under § 203: wages continue at your daily wage rate for each day payment is late, up to 30 calendar days. The daily rate is your total unpaid wages divided by the number of days worked in the final pay period.
At $20/hour (a $160 daily wage) and 10 days late, the possible additional amount is about $1,600.00. Treat that number as leverage in the letter, not as a promise: a court or agency decides what is actually owed, and the penalty provisions usually require the employer to have acted wilfully or without good cause.
File with the California Labor Commissioner's Office (DIR), which handles wage claims administratively, usually at no cost. The alternative is small claims court, where the limit for an individual in California is $12,500. Both routes go better with a dated written demand and a certified-mail receipt, because the first question either forum asks is when the employer knew.
Wages earned and unpaid are due and payable immediately at the time of discharge (Cal. Lab. Code § 201).
If you gave at least 72 hours' notice, final pay is due at the time you quit (§ 201). If you gave less than 72 hours' notice, final pay is due within 72 hours (§ 202).
Accrued, unused vacation is wages and must be paid at separation (Cal. Lab. Code § 227.3). Use-it-or-lose-it forfeiture without a vested cap is not enforceable.
Two routes: file a wage claim with the California Labor Commissioner's Office (DIR) (https://www.dir.ca.gov/dlse/), or sue in small claims court where an individual's claim limit is $12,500. A dated written demand sent first is what makes either route easier, because it fixes the date the employer was on notice.
Only official sources are used: the state labor agency, the statute itself, and where relevant the U.S. Department of Labor. Third-party summary sites are deliberately excluded because they disagree with each other on penalty formulas.
Reviewed 2026-11-03 · reviewed again every 90 days.
being fired · resigning · a layoff · unused PTO · unpaid commissions