Skip to main content

Do I need to send email copies or just my final pay stub to prove my "waiting penalties" under CA labor law? Do I qualify?

San Diego, CA |

I resigned from my job due to personal issues ( I did not give 72 hours notice ) on Jan . 24th . I did contact them to mail my check by e - mail , til they said I was " missing " a key ( which I sent by mail with tracking ) & could not mail out my check until I pay them . I agreed to deduct the fee ( $ 50 ) from my final check and gave them the OK to do so on Feb . 1 & they said they would send it out . I did not hear from them in awhile , and as I waited I contacted them on Feb . 12th , and they apologized stating it was their fault and finally I receive my check in the mail on Feb . 15th . Do I have a valid claim to file ? Which proof is needed to send out to the labor board , just my final stub and postmarked date ? Is my claim valid starting when I resigned or when I gave the OK for the deduction of the key ?

+ Read More

Attorney answers 3

Posted

Your waiting time penalty claim would accrue starting from 72 hours after your final work day. You could get a penalty of one day of pay up to 30 days for every day they fail to pay your final wages.

Your employer should not have withheld your final pay check because of the key issue - they were obligated to pay your final wages regardless of any issue related to the key. Also, under CA law they cannot charge you for business related losses so you never should have paid the $50.

You would just need to submit your final pay stub. It sounds like the dates are not in dispute so your employer has liability. Employers who violate a basic wage law like this often violate other wage laws so you should consult an employment lawyer to see if you have any other claims.

Asker

Posted

I believe I did sign a contract when I was employed that if I lost the key I would have to be responsible and pay for it, would this change my claim about filing the $50 deduction of the key or is that still illegal being it is a company loss? Sorry just trying to see if I should claim it in the DLSE form 1.

Posted

Mr. Ferndandes is correct. Since you did not give at least 72 hour notice of quitting, your former employer was legally required to have your check ready for you to pick up at the usual place of payment no later than 72 hours after you quit, including all wages owed and any earned and unused vacation or PTO. They cannot hold your check because of ANY issue, including their allegation that you did not return a key. When did you advise them to mail your check and did they agree? An employment law attorney should be able to send your former employer a demand letter to get the waiting time penalties owed to you PLUS your attorneys' fees. If you have the envelope that the check was mailed in, that will help, along with a copy of the check, emails regarding the issue. 949-481-6909.

Asker

Posted

Can I file a claim for the $50.00 back even though I agreed to pay for it by deducting the amount from my final pay? What if I signed a contract stating to pay for the key if lost or stolen, would that then discard this $50 claim?

Kristine S Karila

Kristine S Karila

Posted

When did you sign the contract and what does the contract state as to if it can be taken from your final paycheck. Contact an employment law attorney. If your employer owes you waiting time penalties for willfully withholding your final check, the company will pay for your attorneys' fees pursuant to state law.

Asker

Posted

I signed the contract when I first was being employed and it just states that I would be responsible for it if lost or stolen I believe, I would contact an employment attorney thing is this was when I was employed in San Diego, and now I am located in the Bay Area.

Kristine S Karila

Kristine S Karila

Posted

It doesn't matter which county you were employed in or where you live now if an attorney can simply write a demand letter and/or call your former employer and attempt to get them to pay what is owed to you.

Posted

Please see the responses you received to your very similar question.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer