Can you get more money if an employer fails to deliver your final paycheck in the legal allotted timeframe?
2 attorney answers
First, your wife has a right to pick-up her final check at her place of employment. Your employer can only mail your final check with your permission.
Second, if company is not taking reasonable steps to re-send the check, including voiding the check that was never received, your wife should be entitled to waiting time penalties.
Your wife should speak with an employment lawyer offline. Most provide a free consultation.
A final paycheck for someone who quits must be paid within 72 hours of the day notice of quitting is given, or on the last day of work, whichever is later. A willful failure to timely pay that final check can result in the employee being entitled to Waiting Time Pay equal to one day of pay for each day you are made to wait for the final check, up to a total of 30 additional days of pay.
If your wife asked that the check be mailed to a particular address, the employer satisfies its legal obligation by posting the check to the address requested on the day required.
It is unclear whether your wife would be entitled to Waiting Time Penalties under the facts you provide. However she certainly is entitled to the pay, and she has the right to force that payment by filing an administrative wage claim with the California Division of Labor Standards Enforcement, and she can ask for the Waiting Time Penalties in that same action. Maybe she can get those too.
Good luck to you.
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