Can I refuse to work if I don't get paid?

Asked by: Kristina Hamill  |  Last update: January 19, 2026
Score: 4.5/5 (56 votes)

Legally, you may have the right to refuse work if your employer hasn't paid you, but this can vary by state. Always seek legal advice before taking such actions.

Can you refuse to work if not getting paid?

If you have a contract that states your conditions of pay, not only can you stop working, but you can report the business too. Refusal to pay owed wages is a crime, if a rarely punished one.

Can I stop going to work if I don't get paid?

Don't simply refuse to work without discussing the issue with your employer first. If your employer still refuses to pay, you may have a wage theft claim. File a wage theft claim: Your employer may not work with you to remedy this issue.

What happens if I don't get paid on payday?

According to California Labor Code 210, employers who fail to pay workers on time are subject to financial penalties. Penalties are extra fines that California imposes on your employer for violating your rights as an employee. They aim to deter your employer from illegally withholding wages in the future.

What can I do if I don't get paid from my job?

  • Contact your employer directly. The first step is to try to resolve the issue directly with your employer.
  • File a wage claim with the state. If your employer does not respond to your request or continues to refuse to pay you, you can file a wage claim with your state's labor department.

What To Do if a Client Doesn't Pay You

25 related questions found

What is it called when you work but don't get paid?

Wage theft occurs when an employer doesn't pay an employee the benefits they've earned, be it wages or other benefits such as a lunch break; it is illegal. Employees can file complaints against their employers to the Department of Labor and, depending on where they live, the department of labor in their state.

What do I do if someone doesn't pay me for a job?

Report Unpaid Wages

If you believe you are a victim of wage theft, you can file a complaint and report your unpaid wages to the U.S. Department of Labor's Wage and Hour Division. When you do so, include information about your pay, job title, hours and other information from your pay stubs.

Do you legally have to be paid on payday?

In California, wages, with some exceptions, must be paid at least twice during each calendar month on the days designated in advance as regular paydays.

What happens if you quit before payday?

For example, for employees who quit, California's final paycheck law requires payment of wages within 72 hours or immediately if the employee gave at least 72 hours' notice. If the employee is discharged in California, then the law requires employers to provide any and all compensation due at the time of separation.

Can a company close for a day and not pay employees?

So if an employer shuts down the office for any reason, including inclement weather, the employer is not required to pay a non-exempt employee for that day because the employee did not in fact work.

Should I go to work if I didn't get paid?

If the problem happened recently, it's usually best to carry on working while you try and get your employer to pay you. If you refuse to work, you might be breaking your contract, so your employer might dismiss you.

Can I be fired for taking leave without pay?

Some states, such as California, offer more leave protections to employees. California's employee leave law, the California Family Rights Act, is similar to the FMLA. The CFRA also offers employees 12 weeks of unpaid, job-protected leave for qualified family and medical events.

Can my employer make me work and not pay me?

Under the Fair Labor Standards Act (FLSA), non-exempt employees must be paid at least the federal minimum wage for all hours worked—and if they work more than 40 hours per week, employers are required to pay them at least one-and-a-half times their regular rate of pay.

Can you stop going to work if you dont get paid?

It's usually best to attempt to resolve pay disputes with your employer before refusing to work. Your employer could terminate your employment if you decide to stop working. Whether stopping working is the right option depends on your circumstances and how likely you are to find alternative employment.

Can I refuse to go to work?

It is important to establish that employees have the right not to be dismissed if they complain about, or refuse to work in, unsafe conditions [s. 100 ERA & Directive No. 89/391 on the introduction of measures to encourage improvements in the safety and health of workers at work ('the Directive').

How long does a company have to correct a payroll error?

For example, California Wage Law includes penalties for late paychecks or underpayment mistakes. Employees in California are entitled to a full day of wages at their regular rate for each day it takes their employer to fix the mistake (up to a total of 30 days).

What if I quit my job and my employer hasn't paid me?

If your former employer hasn't paid your outstanding wages on your regular payday after leaving a job, and you've failed to remedy the situation with your former employer, contact your local Department of Labor (DOL) Wage and Hour Division office to file a complaint. A DOL official will assist you with the process.

Is getting paid monthly legal?

Employee Classifications and Specific Rules

Executive, Administrative, and Professional Employees: California executives, administrative workers, and professional employees have some flexibility regarding payment frequency. These workers can receive their payments monthly, semimonthly, weekly, or biweekly.

What if I haven't gotten paid from my job?

If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor's Wage and Hour Division or the state labor department. The Department also has mechanisms in place for the recovery of back wages.

Is it illegal to not give someone their paycheck?

California: Employees who quit must be paid their final wages within 72 hours if they didn't give notice. If they give at least 72 hours' notice, employees must be paid immediately.

Why didn't I get paid on payday direct deposit?

Whatever the reason, the best thing to do is contact your employer's payroll department. You can ask them to confirm whether or not you sent your payment information in time for processing and confirm that the bank account information they're using to route your paycheck is accurate.

Do payday loans have to be paid in full?

With a payday loan, your term is typically 10 to 14 days or whenever you receive your next paycheck. There is no interest rate, monthly payment or payment schedule because you must pay the entire balance in full.

What happens if I don't get paid?

It's usually best to first raise the problem informally by talking with your employer. This can help resolve it quickly if there's been a mistake. If you cannot resolve it informally, you can raise a grievance. This is where you make a formal complaint to your employer.

What is it called when you do a job but don't get paid?

What Is Wage Theft? You must get fair compensation for all hours you work. That includes travel time, working breaks, and on-call hours. Any time an employer does not pay an employee's wages, it is wage theft. If you notice shortages in your paycheck, breaks and travel time could be missing.

Do employers have to pay you on payday?

Payday Laws in California

Under state laws, wages earned between the 1st and the 15th of the month must be paid to the employee no later than the 26th day of the same month and compensation earned from the 16th or the latter half of the month must be paid no later than the 10th of the following month.