If you’re an employer in California wondering, “Can a former employee file a PAGA claim in Los Angeles?”—the answer is yes. And it’s one of the most overlooked risks facing businesses today. Many employers believe once an employee leaves the company, they’re no longer a legal threat. But under the Private Attorneys General Act (PAGA), former employees can file a claim, and these lawsuits can be just as costly—if not more—than those brought by current staff.

At Rupal Law, we defend employers across California, including in Los Angeles, against aggressive PAGA claims. We’ve helped businesses prevent lawsuits, respond to PAGA notices, and build strong legal defenses rooted in compliance and strategy.

Let’s break down how this works—and what you need to do to protect your business.

What Is PAGA and Why Does It Matter for Employers

PAGA allows employees to act as “private attorneys general” by filing lawsuits on behalf of the state for Labor Code violations. These claims can involve:

• Unpaid wages

• Missed meal or rest breaks

• Improper wage statements

• Late final paychecks

• Misclassification of workers

PAGA penalties add up fast—$100 to $200 per pay period, per employee, even for technical violations. And there’s no requirement that the employee still works for the company. A former worker can still bring the claim as long as they experienced the violations themselves.

Yes, Former Employees Can File a PAGA Claim

California courts have made it clear: a former employee can file a PAGA claim if they were employed at the time the alleged violations occurred. They do not need to be currently employed when filing.

For example, if a former employee received wage statements missing required information or was misclassified as exempt during their time with the company, they can still file a PAGA claim after they’ve left the job.

And here’s what makes it even more complicated—they can file on behalf of all other employees who experienced the same violations, creating massive exposure for the business.

What Former Employees Can (and Can’t) Do Under PAGA

It’s important to understand what former employees are allowed to pursue—and what limitations may exist.

What They Can Do:

• File a PAGA claim for Labor Code violations they personally experienced while employed.

• Represent other “aggrieved employees” who were affected by the same issues.

• Seek civil penalties on behalf of the state, not individual damages (though many claims are bundled with other lawsuits).

What They Can’t Do:

• File a PAGA claim for violations that occurred after they left the company.

• Seek recovery for personal damages under PAGA alone (that would require a separate wage/hour lawsuit).

Still, even without seeking personal damages, PAGA penalties alone can be devastating for businesses that haven’t audited their compliance in a while.

Why Former Employee PAGA Claims Are So Common in LA

Los Angeles sees a high number of PAGA claims every year, and here’s why former employees often drive them:

• Post-termination frustration: A former employee who feels wrongfully terminated or mistreated may look for legal leverage—even if their departure wasn’t related to any violation.

• Plaintiff-side attorneys are proactive: Many employment lawyers actively market to ex-employees, reviewing their wage statements and offering to file PAGA claims on their behalf.

• Lack of compliance follow-through: Many businesses only audit practices for current employees and overlook past payroll issues that still pose legal risk.

How to Protect Your Business from PAGA Claims by Former Employees

If you want to avoid becoming a target, it’s critical to take preventive measures. Here’s what we advise our Los Angeles clients at Rupal Law.

1. Audit Your Wage Statements and Payroll Records

Wage statement violations (like missing pay period dates or incorrect employer names) are among the most common triggers of PAGA claims—and the easiest to fix before it’s too late.

2. Ensure Final Paychecks Are Compliant

California law requires that final wages be paid promptly and accurately. Mistakes in this area are a common reason former employees file claims.

3. Maintain Records for at Least Three Years

Even after an employee leaves, you need accurate documentation of their hours, pay, and classification status in case a claim arises.

4. Train HR and Payroll Staff

Make sure your team understands current Labor Code requirements and how PAGA works. Proactive training can prevent costly mistakes.

What to Do If You Receive a PAGA Notice from a Former Employee

If you receive a PAGA notice—whether from a current or former employee—you’ll have 65 days to respond before a lawsuit can be filed. Do not ignore this.

Working with an experienced PAGA defense lawyer is critical. At Rupal Law, we help you:

• Review the notice and assess its validity

• Prepare a formal response to the Labor and Workforce Development Agency (LWDA)

• Identify compliance gaps and correct them

• Explore options to resolve the matter or challenge the claim in court

PAGA claims can often be reduced, dismissed, or resolved strategically—but only if you act fast and with legal support.

Are You a Small Business or California Employer Who Has Received a PAGA Claim in Los Angeles?

Whether you’re facing a PAGA notice from a former employee or simply want to ensure your business is fully protected, Rupal Law is here to help. Our team provides strategic legal guidance, thorough compliance audits, and aggressive defense against costly PAGA claims.

We serve employers throughout Los Angeles and Southern California, focusing on minimizing risk and resolving disputes efficiently. To speak with our legal team or a PAGA attorney and schedule a confidential consultation, call Rupal Law at (951) 460-0830 today. Don’t let a former employee catch your business off guard—proactive compliance is your best defense.