I worked for jack in the box for only 3-4 days quit a week before payday and now they don't have my check and it's 5 days past due on Monday. Is there something I can do it seems their holding a grudge
In a situation where you quit, the employer has 72 hours to give you your final paycheck. If, when you quit, you designated a place to which that final check should be sent, the employer has to send it to that designated place. If you quit and did not designate a place to which your final check should be paid, the employer has to have the check available for you to pick up at the regular place of employment 72 hours after you quit. The regular payday is irrelevant in this analysis.
If the employer willfully violates this rule, you are entitled to waiting time penalties. You get one day of pay for each day you are forced to wait for your check, up to a total of thirty days of penalties.
You can force payment of the money owed to you, plus the waiting time penalties, in one of several ways. One is to get an attorney to write a demand letter for your. That might work. The next is filing an administrative wage claim with the California Division of Labor Standards Enforcement, also known as the Labor Commissioner's Office. Another is to sue the employer in small claims court. Another is to sue the employer in superior court.
It would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
You can file a claim with the Labor Commissioner for your unpaid wages and penalties under Labor Code Section 203. Check out the Department of Industrial Relations website at www.dir.ca.gov. The website has all the documents needed to file a claim along with with information where you should file. Good Luck.
California Labor Code § 202 requires that if an employee quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter. If your employer fails to pay you within 72 hours then under Labor Code § 203 a penalty may be accessed from the due date at the daily rate of pay but more than 30 days. It is evident that your former employer for their own convenience will pay your wages on the next pay day. This may be viewed as intentionally failing to perform a duty they are obligated to do, which will allow you to collect this “waiting time” penalty. You can contact the Department of Industrial Relations and file a wage claim at www.dir.ca.gov. You can also contact an employment attorney. Many attorneys specializing in employment and labor offer free consultations. Best of luck! Bonnie Fong, Esq.
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