PDA

View Full Version : quit... last pay issue.. NEED HELP FAST


staceyphen
07-04-2008, 04:34 PM
Hi... I am a new member so sorry if I am not doing something right... here it goes...

I was working as a dispatcher until I quited my job without prior notice. Since I work the Graveyard shift, I called my supervisor at 11:00 pm (the time I was scheduled to work that day.) I CALLED HER ON WEDNESDAY NIGHT. PAYDAY IS SUPPOSE TO BE TODAY ON THE 4TH OF JULY. THE DISPATCHING CENTER IS NEVER CLOSED! I AM AWARE THAT WHEN YOU QUIT WITHOUT PRIOR NOTICE THE EMPLOYER HAS 72 HOURS FROM THE TIME YOU QUIT TO COUGH UP THE CHECK. BUT. I CALLED TODAY TO SEE WHEN I CAN RETURN MY ACCESS CARD AND IF MAYBE MY CHECK WAS READY. THE OTHER SHIFT SUPERVISOR TOLD ME TO COME IN ON MONDAY BECAUSE NO ONE WAS WORKING ON THE WEEKENDS. (THE MANAGERS) HE SAID I CAN TALK TO THE MANAGERS THEN BECAUSE HE COULDN'T FIND MY CHECK ALONG WITH THE OTHERS. WHEN I ASKED HIM ABOUT THE 72 HOURS THEY WERE SUPPOSED TO HAVE MY CHECK IN HE SAID ITS 72 HOURS OF BUSINESS HOURS OR WORKING DAYS. IS THAT TRUE? IF SO, I WORK EVEN ON HOLIDAYS AND WEEKENDS SO WHAT DO I DO? DOES IT STILL APPLY. SHOULD I JUST WAIT FOR MY CHECK OR SHOULD I TRY TO CONTACT SOMEONE? PLEASE HELP ASAP! THANK YOU SO MUCH!

DAW
07-04-2008, 05:08 PM
"72 hours" does not mean business hours. If an employee terminates on a Friday, the payment is due by Monday. The related law is CLC 202 and it just says "hours". There is nothing in the law or any of the CA-DLSE publications that says that only work days (or hours) are counted.

If you are not paid at all (and I would wait a few days into next week), then file a wage claim for unpaid wages. If the "72 hour" rule is violated, then wait until you are paid, then file a wage claim for late payment penalties.

CA waiting time penalties (http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm)

-----

Also, all capital letters is considered to be SHOUTING on the Internet, and it is also harder to read. It is better to use proper case with postings. Some people will not answer your questions if you use all caps.

staceyphen
07-04-2008, 05:13 PM
I apologize for the all caps... I don't use the internet often and I didn't know about the shouting all caps thing. I truly do apologize. Didn't mean it that way.

joec
07-04-2008, 08:04 PM
I apologize for the all caps... I don't use the internet often and I didn't know about the shouting all caps thing. I truly do apologize. Didn't mean it that way.
Even if it is not considered shouting it is harder to read. Good job DAW!
JoeC

California Labor Law Posters
Comply with California regulations with one Complete California Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.