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Former employer owes me wages.

Tracy, CA |

I was terminated on February 27, 2012 from my former employer. y supervisor told me my time there was already written in - It wasnt. They shorted me an hour for that day, and missed 12 hours OT. I contacted payroll, and after a battle they finally agreed to pay me. The check was issued 3/6/2012 exp. in 180 days. I got busy and deposited it on 5/3/2012. The check bounced. I called them on 5/13 and they looked into it, and they said I was wrong. I told them I was right and will send them my statements. THEN they said I was right, some clerical error caused it to bounce, and to send my statements and they will pay it and the chargeback fee, but I needed to get it in THAT MOMENT since it was their payroll. I sent my statement on 5/16. Still waiting for the final check.

Is this legal?

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Attorney answers 2

Posted

No, not legal.

In California, an employee who is discharged must be paid all of his or her wages, including accrued vacation, immediately at the time of termination. (Labor Code Sections 201 and 227.3.) However, an employee without a written employment contract for a definite period of time who gives at least 72 hours prior notice of his or her intention to quit, and quits on the day given in the notice, must be paid all of his or her wages, including accrued vacation, at the time of quitting. (Labor Code Section 202.)

The employer's failure to pay the final paycheck is a violation of the California Labor Code, and also subjects the employer to pay "waiting time penalties".

You can file a wage claim for the unpaid wages with the California Labor Commissioner. File the claim either by mail or in person with the Division of Labor Standards Enforcement (DLSE) office that handles wage claims for the city/location/community where the work was performed.

See:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult your own attorney.

Asker

Posted

Mr. Chen - Thank you for your considerate and prompt response! There are other issues with this matter as well, but what are "Waiting Time Penalties"?

Frank Wei-Hong Chen

Frank Wei-Hong Chen

Posted

See: http://www.avvo.com/legal-guides/ugc/waiting-time-penalties-in-california?ref=kb_serp_title_1

Asker

Posted

Mr Chen, Thank you kindly for your response. You are truly a great help, especially since I have no idea where to go with this, and how to proceed. There are other issues that are occuring, but this is a fantastic place to start. Now I wish I was in southern California to retain you. I'll proceed with the labor board and a local lawyer, thank you so much!

Posted

No it is not legal.

Asker

Posted

I didn't think so. Thank you for confirming this :) There's so much more to this mess from my former employer that I don't know WHAT to think anymore. I sent paperwork off to the Labor board today

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