aecrain
03-21-2006, 03:57 PM
I was employed by a company based out of Chicago, although my office was in CA. After leaving the company, I was told that in order to receive my final expense check and paycheck, I would have to turn over all the equpiment the company provided for me. I have done as thay have asked, but still have not received my checks. I was told it would be done "ASAP" through my direct deposit, but it has been over a week. I have emailed and left vm for HR and the accounting depts, and havent received any response. What should I do?
Pattymd
03-22-2006, 03:52 AM
Since you have tried to resolve this with the company already, it's time to file a claim with the Division of Labor Standards Enforcement. If you gave at least 72 hours' notice or were discharged, you were due your final check (including accrued, unused vacation) on your last day worked; if not, such final payment was due within 72 hours of your last day worked. This is required irrespective of whether or not you returned any company property. The employer may also ordered to pay you "waiting time" from when the check was due until you get it, but not more than 30 days.
Regarding expense reimbursements, those are not so restrictive as to when reimbursement must be made. Michael, can you advise about the poster's recourse?
aecrain
03-22-2006, 11:12 AM
How do I file a claim with the Division of Labor Standards?
Megan Ross Hutchins
03-22-2006, 01:17 PM
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
DLSE will help you get your paycheck and expenses, but in my experience will not award waiting time penalties. You would have to go to an attorney if you wanted to try for the waiting time penalties.
Pattymd
03-22-2006, 01:50 PM
Megan, I've had them assessed at a previous (very previous) employer. I think the hook is, at least in my experience, that the employer 1) knew the law, but specifically chose not to comply; and 2) the employee had tired to resolve it with the employer with no luck. :(
Megan Ross Hutchins
03-22-2006, 02:00 PM
Wow! I actually thought they had an unwritten policy not to award them, ever.