I was suspended til further notice I was told I'd receive a call in 4 days it's been a month now and still haven't heard or been paid?
Your post is unclear since the title is different then the question asked. But, Calif. employers are required to pay employees at least every 2 weeks and if the employee's employment is terminated, the employer is required to pay the final paycheck on the date the employer fired or laid off the employee. If the final paycheck is not paid timely and "willfully withheld," the employer may owe the former employee one day's pay for each day the employee has to wait to receive the final check - up to 30 days and the employer "shall" pay the employee's attorneys' fees.
I agree that your title and details of the question makes it confusing. If the questions is whether they can make a direct deposit and then withdraw it, it depends. If it was a mistake and you didn't earn the pay that was directly deposited then yes. If it is was payment for earned wages then no. As the other attorney said, if you were terminated, your employer should have provided you with your final paycheck for all hours worked and for any accrued but unused vacation time on your termination date. Failure to do so entitles you to waiting time penalties at your daily rate of pay for each day you have to wait, up to 30 days. Contact an employment attorney to discuss the facts of your case and get advice on how you should proceed.
The answer above is provided for informational purposes only and is not intended, nor should it be construed, as legal advice. Providing an answer does not establish an attorney-client relationship, which is only created through a written engagement agreement that is executed by a potential client and the Law Office of Andrea W. S. Paris.
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