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View Full Version : How long does an employer have to correct a paycheck error?


jeepster209
06-19-2005, 01:35 PM
Hi, I work for a large private ambulance company in CA. who consistently does not pay at correct pay scales and has paycheck issues. I have just recently had another paycheck that came out to be 1/3 of what it should have been. They made copies and said they would fix it and have a check for me in the next couple of days. Its now over a week since this happend. Is there a law that states how long an employer has to correct the error and pay you the remaining amount? I would think so especially in the case of how large the error is and hard times brought on by the long wait and error on their part.
Thank you,
Ron

LConnell
06-19-2005, 02:40 PM
They owe you the pay on the day it is due. For every day that the employer willfully withholds your pay, they could owe you an additional day. Consult with the California Department of Labor Standards Enforcement for more information and to file a complaint. http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

ohiknow
11-30-2006, 11:57 AM
I work for a large company that allows us to view our pay stubs online prior to pay day. Today I went to check my pay for tomorrow's pay day and I noticed an error in my check for this week. I immediately brought it to the attention of my manager and the payroll admin. I was shorted a little over an hour, but the fact that I'm short (again) is frustrating.

In the past I have been able to get a Western Union the same day, or the day after the error was discovered. Now I'm told that I will have to wait a week to get the money I'm owed. I have downloaded and printer a claim form, but before I submit my claim I need to know if there are any legal guidelines in CA for correcting payroll errors.

From what I read in this post, I may be entitled to extra pay for them willingly withholding the pay until next pay period. Is this correct?

cbg
11-30-2006, 12:16 PM
There's a difference between "willingly withholding" and needing time to correct an honest mistake. Just because in the past you've been able to get same day corrections does not mean you'll be able to every time.

Pattymd
11-30-2006, 12:18 PM
No, that's not correct. The penalty for "withholding pay" you refer to only applies to your final paycheck. I understand you're frustrated. But please look at this from the payroll department's point of view. It's one hour. Creation of a manual check costs at least $25.

ohiknow
11-30-2006, 12:25 PM
The cost to the company is not my concern ($40 Billion this year). I just want to be paid correctly, and on time. That's why I work.

So, is there a timline? Or can they wait until next pay period?

Pattymd
11-30-2006, 12:28 PM
No, there isn't a time frame under the law. If there was, I would have said so. And to be honest with you, the DLSE has a lot of claims from people who haven't been paid at ALL. Your claim for one hour would go at the bottom of their priority list. Several paychecks would most likely come and go before they would even get to your claim.

ohiknow
11-30-2006, 01:17 PM
I appreciate your response.

DSDEN
12-26-2006, 08:54 PM
Try one and a half years.

Villain
01-03-2007, 10:26 PM
Creation of a manual check does not cost $25. No way. Get a pen and a check book and write it.

There is no reason why your employer could not issue you a check that day, therefore your wages are being willfully withheld. The employer could only argue that a "good faith dispute" that any mistakes were made existed. But your employer seems to acknowledge the mistake so this would not be the case.

Pattymd
01-04-2007, 03:57 AM
Creation of a manual check does not cost $25. No way. Get a pen and a check book and write it.

There is no reason why your employer could not issue you a check that day, therefore your wages are being willfully withheld. The employer could only argue that a "good faith dispute" that any mistakes were made existed. But your employer seems to acknowledge the mistake so this would not be the case.

First of all, $25 is being conservative. Suppplies, employee's time calculating, typing, getting it signed, distributing, reconciling the bank account, adjusting tax deposits, reporting the manual check to the bank (if the employer has positive pay), etc. The American Payroll Assocation, which is a professional organization with thousands of members in very responsible payroll positions throughout the country has actually estimated it more like $30-$35. When you've had 29 years of experience in payroll, you're free to debate this issue. ;)

Second of all, the original question was over a month ago. Bet he's got his money by now. :)

Villain
01-04-2007, 01:24 PM
If he didn't get it that day...then it was done wrong. plain and simple. I don't care how much it cost some fat cat employer. Neither should you nor anyone else.

ElleMD
01-04-2007, 01:57 PM
You are entitled to think it unfair however, that doesn't change the legality or compell the employer to have to fix it on the spot.

Villain
01-04-2007, 02:04 PM
lol. It is illegal. Me saying it was wrong was not from my standpoint, it was from the laws standpoint.

cbg
01-04-2007, 02:10 PM
Okay, I think we've reached an impass here. Move along, folks. No further discussion required. Don't make me lock the thread.

ElleMD
01-04-2007, 02:12 PM
Point me to the law that spells out that honest mistakes must be fixed the very same day that they are brought to the attention of the employer and I'll retract the statement.

cbg
01-04-2007, 02:20 PM
Okay, since Elle and I were posting at more or less the same time I'll leave it this way: Villain, if you can provide the proof that Elle has asked for in the form of either a link to a law or the name of case law, you may post it. Arguments with no supporting proof will be deleted. So will any other posts that continue the argument no matter who posts them. I WILL lock the thread if need be.

Everyone clear?

ScottB
01-04-2007, 02:25 PM
I was shorted a little over an hour, but the fact that I'm short (again) is frustrating.

Yep, being shorted, even one hour can be frustrating.

Funny how I get calls from employees shorted a half hour, but never from those overpaid.

If you worked for me and wanted the pay right now, I would do that, despite the cost and inconvenience (could the shortage have been because you did not punch in or out on time and is your own fault?).

Don't call me for any favors, like an advance, though.

cbg
01-04-2007, 03:17 PM
Okay, that's it.

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