Employer Admits They Owe Me $44k In Unpaid Wages But Won’t Tell Me When They’ll Pay. Now They Want Me To Sign A Release.

Location: San Diego

California employee terminated while owed ~$44k. Employer admits the debt but won't provide a payment date. Is hourly counsel more sensible than contingency?

I'm looking for some perspective from California employment attorneys or anyone who has dealt with a similar wage claim. I will obviously speak with an actual attorney before signing anything.

I was a California W-2 salaried employee making approximately $67,000/year. I was recently terminated.

My employer had fallen significantly behind on payroll over roughly the past year. After my termination, HR sent me an itemized accounting in writing acknowledging:

• $34,943.97 in outstanding unpaid wages
• $8,800 accrued retention bonus
• Total outstanding compensation: $43,743.97

Some of the unpaid payroll dates go back to August 2025.

The company has now presented me with a separation agreement. The actual severance being offered is only $1,320, plus the employer's portion of COBRA premiums for up to three months.

In exchange, the agreement contains a very broad release of employment-related claims, including wage-related claims and known/unknown claims.

There is a carve-out stating that I am not releasing claims/rights to the "Outstanding Payments" until those payments have been paid in full. The agreement also preserves claims for breach of the agreement.

Here's my main concern:

The employer will not give me a payment date or payment schedule for the outstanding compensation.

They are asking me to execute the separation agreement by the end of the month, but so far the only timing language regarding the money they owe is essentially that it will be paid "as soon as practicable."

So, as I understand the situation, I could sign the agreement while still having no idea whether the ~$44k they acknowledge owing me will be paid next month, six months from now, or substantially later.

I've raised California Labor Code §201(a), since my understanding is that earned and unpaid wages are due and payable immediately upon discharge. I'm also looking at §203 waiting-time penalties and §206 regarding wages the employer concedes are due.

One additional issue: the separation agreement itself currently identifies $37,873 as the outstanding past compensation, while HR's subsequent written breakdown identifies $34,943.97 in outstanding wages + $8,800 retention bonus = $43,743.97. I would not sign it without having that discrepancy corrected.

My questions are:

1. Given that the employer has already acknowledged the unpaid wages in writing, how strong/straightforward is this type of California wage claim generally?
2. Would it make more sense to hire a California employment attorney hourly or on a limited-scope/flat-fee basis to review the agreement, calculate the potential penalties/interest, and send a demand letter rather than immediately giving up 30–40% on contingency?
3. If I sign an agreement that expressly says my claims/rights to the outstanding payments aren't released until those payments are paid in full, what should I be looking for to make sure I don't inadvertently waive §203 penalties, interest, late-payment penalties, attorney's fees, or other wage-related remedies?
4. Is the employer's refusal to provide any payment date or payment schedule, despite acknowledging the wages are owed, particularly significant under §§201 and 206?
5. Would you insist that the separation agreement itself contain the corrected outstanding amount and specific payment dates before signing, rather than relying on HR's email?

I'm not trying to maximize litigation for the sake of it. My primary goal is to actually collect the compensation I've already earned while avoiding signing away potentially valuable rights for $1,320 in severance.

I'm mainly trying to determine whether this is the kind of situation where paying an attorney hourly for several hours of review/negotiation could make considerably more sense than immediately retaining someone on a 30–40% contingency.