California law to claim the Unauthorized deductions on the Final paycheck . Would like to know the process for filing the claim

Asked 6 months ago - Sunnyvale, CA

Ex-Employer performed Unauthorized deductions on the Finalpaycheck. Additionally as per california law,the paycheck was not paid on last working day.

Attorney answers (5)

  1. Patrick John Phillips

    Contributor Level 17

    4

    Lawyers agree

    Answered . You want to file a wage claim with the DLSE. See here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

    Good luck.

    This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not... more
  2. Kevin Arnold Spainhour

    Contributor Level 15

    3

    Lawyers agree

    Answered . Contact your local labor commissioner and they will help you for free

    Kevin A. Spainhour, Esq. - Hopefully this information is helpful. My answering this question giving my general... more
  3. Kristine S Karila

    Contributor Level 16

    3

    Lawyers agree

    Answered . It is unlawful for an employer to deduct from a final paycheck for charges other than usual taxes, etc. unless you provided written authorization for the deductions. In addition, if you were fired or laid off (lack of work), or quit with at least 72 hours' notice, your final check, including all earned and unused vacation or PTO (not sick leave) must be provided to you on your last day. If you quit and did not give at least 72 hours' notice, your employer has 72 hours to provide your final paycheck to you. If your check was late or if there are unauthorized deductions causing you to not be timely paid in full, you are owed the unpaid wages PLUS one day's pay for each day you have to wait to be paid - up to 30 days maximum and the law states that your employer "shall" pay your attorneys' fees. You can file a claim with the Labor Commissioner and represent yourself for free (or pay to have an attorney represent you) or the better idea is to retain legal counsel to write a demand letter to your former employer setting forth your claim, the violations of the law and the statute/written law that states that the employer "shall" pay your attorneys' fees. Representation by your attorney instead of the Labor Commissioner usually gets results faster. Call an employment law attorney to discuss. Many of us offer a free initial phone consultation and may be able to help you at no cost to you.

  4. Faith Christine Lisle

    Contributor Level 13

    2

    Lawyers agree

    Answered . The Labor Commissioner’s Office, also known as the Division of Labor Standards Enforcement (DLSE), was established to adjudicate wage claims, investigate discrimination and public works complaints, and enforce Labor Code statutes and Industrial Welfare Commission orders. You should find the office near you (link below) and ask for assistance. They will provide you with the forms and information on how to file your complaint.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this... more
  5. John R Larson

    Pro

    Contributor Level 9

    1

    Lawyer agrees

    Answered . You should contact a qualified attorney before filing a claim by yourself. There are myriad considerations to review before you take this on by yourself. Get an attorney who has experience in this area of employment law. Good luck.

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