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View Full Version : California: Final Paycheck - just a personal check, no deduction slip!


rebdomine
12-25-2008, 08:37 PM
So my boss accepted my resignation after I was fired (this is what I wanted). I received a check the next day for an even dollar amount with no wage deduction slip. Just a personal check.

The day I "quit" my boss had asked me if I wanted her to take out the taxes before giving me my final paycheck and I said of course. She said ADP wasn't available for a few days, and apparently she decided to pay me a rounded off amount. I don't know if it's right.

I have not cashed my check yet, though I desperately need to ASAP. I don't want to until I know that it is for the correct amount.

My lawyer told me that when employees cash checks that are incorrect it can be considered acknowledging the fact that it's correct and acceptable. For example, if your boss shorts you for 3 hours and does this every week and you keep cashing your checks and say nothing for years - you may not be able to do anything about it in some cases, depending on the circumstances.

Even if it were the right amount, I can't cash it because they didn't put my last name on it and misspelled my middle name as if it were my last. I don't have a bank account and check cashing places require the name on the check to match exactly. And it doesn't.

I sent an email asking them to reissue a check in my correct name for me.

My question is - if I quit, they have 72 hours to get my check to me. Am I entitled to waiting time penalties until they cut me a check I can actually cash?

What about the deduction slip?. Am I entitled to waiting time penalties for not having a deduction slip?

I just want to know what I should claim when I mail in my wage claim form.

And when I called my boss about the deduction slip he said and I quote, "deduction slip? I have no idea what that is. You'll have to talk to ***** about that. I don't even know what that is."

Pattymd
12-26-2008, 08:53 AM
You are not giving up any of your rights under wage and hour law by cashing this check. But weren't you the one who was being classified as an independent contractor, albeit very likely incorrectly?

The phrase "deduction slip" might make more sense if you called it a check stub or pay stub or statement of earnings and deductions.

rebdomine
12-26-2008, 10:48 AM
The independent contractor thing was a different job over a year ago.

I did call it most of those things and explained what it was - I told him I need an itemized list of all the tax deductions he's taking out of the check just like on a normal paycheck. I said he could hand write it with all of the tax deductions if he needs to. Before I even got the check I asked that it come with one and I was told it would. Now he claims he doesn't know what I'm asking for. He's just putting it off...

They play dumb with everything. Not just to me, to everyone they have to give a final check to. They dance around with things like this. And their English is pretty crappy. I'm sure that doesn't help...

Well, my lawyer has handled cases where people try to claim unpaid wages for years back and they never mention anything to the employer and the judge basically asks why they kept cashing their checks without telling the employer they were wrong - so I know I'm not waiving my rights, but it can and does come up at times...

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