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It's been over two weeks, and I haven't received my paycheck. What do I do? Also, this company laid me off on Saturday...

San Francisco, CA |

I know they're supposed to pay me my final wages immediately, but since I get direct deposit, how long do I have to wait until I get compensation for them being late with my final wages? (It takes a few days for the money to transfer). I can't pick up the check since the company I worked for is in a different state.

Regarding my late paycheck, I actually get paid via direct deposit, and even with the waiting period for the money to transfer, I still should have received it by now.

To be clear, there are two paychecks I'm referring to here. The first is the one that is 2 weeks late. For the other, I sent in my time sheet (I keep track of my own hours, and send in a time sheet over the weekend so they get it on Monday) on Saturday. So, when should I have gotten (a) the late paycheck, and (b) the most recent one?

Attorney Answers 3

Posted

Getting paid by direct deposit is not an excuse for compliance with the law. It was the responsibility of the employer to make arrangements to see you were paid all final wages on the day of termination. Failure to do so subjects the employer to a day's pay for every day they are late up to a maximum of 30 days.

Having said that, if you receive your final pay sometime this week, you must ask yourself whether it is worth the time and effort to seek those penalties, which would appropriately be through the California Division of Labor Standards Enforcement. The longer payment is delayed, the more likely you will want to file a claim.

They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

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3 comments

Asker

Posted

I'm going to wait until Friday because that's when I usually receive my paycheck. My time sheet goes through like 4 different people before it reaches accounting and my check is deposited. Anyways, if I do want to collect penalties that are owed to me, but the employer doesn't want to pay them, is there a way I can make them pay without hiring an attorney? I ask because it's really not that much money so (a) it really wouldn't be spending the money on and (b) I don't think any attorney would even take my case for this small of an amount that would be owed to me in penalties. (We're talking hundreds of dollars not thousands.)

Michael Robert Kirschbaum

Michael Robert Kirschbaum

Posted

If you wish to pursue waiting time penalties (which is covered under Cal. Labor Code section 203), I would advise you to file a claim with the DLSE at http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm . You do not need a lawyer for this. Most people who file such claims do not have a lawyer. I know some attorneys suggest you hire a lawyer and go to court where you can seek to have your attorneys fees added on. But when there is not much money at stake, I advise against it. The DLSE is simpler.

Asker

Posted

I also have a family member who still has ties with this company. What would happen if my filing a claim caused this family member's relationship to dwindle with this company?

Posted

you need to consult an attorney because it may not just be your final check and waiting time penalties but you may have other wage claims such as meal and rest breaks and overtime depending on your situation.

Kevin Sullivan
415-441-1052

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Posted

Because you did not receive your final paycheck on the date of termination, you are owed one day's pay for each day you have to wait - up to a maximum of 30 days PLUS attorneys' fees, plus the amount of your check, of course, and any earned and unused vacation or PTO. Call an employment law attorney. Many out of state companies make the mistake of not paying their employees timely pursuant to CA law. Many times, we can get what is owed to you by contacting the company - at no cost to you. 949-481-6909.

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