After Release

Missed Work After an Arrest? Your Final Paycheck and Wage Rights in California

An arrest can mean missed shifts, a suspension or losing a job altogether. Whatever happens with the job, California wage law still protects pay already earned. Here is what workers and their families should know about final paychecks and unpaid wages.

By Editorial Team, California Inmate Information Services · Published October 23, 2026 · Reviewed October 23, 2026 · 7 min read

Can an employer fire someone for being arrested?

Most California jobs are at will, so an employer can often end employment over missed shifts, even when the absence was caused by time in custody. There are limits, however. California Labor Code section 432.7 generally bars employers from using an arrest that did not lead to a conviction as a factor in hiring, firing or promotion decisions. Missing work is a separate issue from the arrest itself, and the distinction can matter.

Regardless of why the job ends, wages already earned belong to the worker. That includes regular hours, overtime, commissions that have been earned and accrued vacation or paid time off.

Final paycheck deadlines

If the employer fires the worker, all final wages are due immediately at the time of termination (Labor Code section 201).
If the worker quits with at least 72 hours' notice, wages are due on the last day.
If the worker quits without notice, wages are due within 72 hours (Labor Code section 202).
Accrued, unused vacation must be paid out with the final check. California does not allow 'use it or lose it' forfeiture.

Waiting time penalties

When an employer willfully fails to pay final wages on time, Labor Code section 203 allows a penalty equal to the worker's daily wage for each day the pay is late, up to 30 days. For a full-time worker this can add up to roughly a month's pay.

Practical steps after release

Write down your last day worked, hours in your final pay period and any unpaid overtime.
Gather pay stubs, schedules, texts with supervisors and any termination notice.
Ask the employer in writing for your final paycheck and vacation payout.
If payment does not arrive, consider a wage claim with the California Labor Commissioner, which is free and does not require a lawyer.

Wage claims are time-limited, usually three years for most Labor Code claims. When the amount is large, involves unpaid overtime or other workers are affected, some people speak with a California unpaid wages attorney to understand whether a Labor Commissioner claim or a lawsuit is the better path. Many wage lawyers work on contingency, and the law often requires employers to pay a winning worker's attorney fees.

Background checks when looking for new work

California's Fair Chance Act limits when employers with five or more employees can ask about conviction history. They generally cannot ask until after a conditional job offer, and they cannot consider arrests that did not lead to conviction. If an offer is withdrawn, the employer must follow a written notice process that gives the applicant a chance to respond.

The bottom line

An arrest can upend work life, but it does not erase the right to be paid for work already done. Know the deadlines, keep records and use the free Labor Commissioner process or qualified legal help if an employer does not pay.