Hi, I recently quit my job to go to another company. I didn't receive my final paycheck by my last day because my manager was on vacation that week.

When I did receive my final paycheck, there were two errors:
1) I was missing some money as part of my bonus plan
2) There was an incorrect deduction for the Employee Stock Purchase Plan (ESPP)

I spoke with an HR representative, and they said I will get the missing bonus money in a couple of weeks. However, they have neglected to answer my questions regarding the ESPP. My ESPP contribution was 0%, but the company withheld 10% for it. Would this deduction be considered lost wages?

Does anyone have any suggestions about what options are available to me?

Thanks.

This is just me, but if you have only asked them once about the ESPP deduction, I would want to follow up and ask at least twice more before persuing other options (once verbally, and once in writting). I have worked for companies whose HR departments were less then competent with anything involving math, so there is at least a chance of someone making a mistake as opposed to deliberatly messing with you.

I would also when communicating with them, keep your rhetoric calm and professional. If it is an honest mistake, and you blow hot, they will be inclined to circle the waggons.

Your other options are filing a claim with CA DOL or small claim courts. Of the two, I would be inclined to use small claims court. I have worked for employers taken there when we were 100% percent legally correct, and we still lost, because the judge basically did not care what the law said. These courts in my experience tend to be very pro-employee. Other posting on this board indicate that CA DOL has a massive backlog. 8 months and counting was what a recent poster said.