susanyoung
03-26-2006, 01:55 PM
My husband worked for a start up in NO CA. He quit on March 15th giving no notice. We expected final paycheck in 72 hours. President or owner of start-up will not give my husband his final paycheck unless he trains new employee. He has driven to work twice so far expecting a final paycheck but owner always has excuse. She now says no paycheck untill you train new employee and product is ready for presentation. He is driving there one more time, tomorrow. He told her that he wanted a cashiers check or no training. I have a feeling there will be no cashiers check. This can't be legal. Thanks.
Pattymd
03-26-2006, 03:03 PM
It isn't. I would recommend him calling the employer before he drives there and telling him if he does not have the check ready today, he will be forced to file a claim for unpaid wages (including accrued vacation time) with the Division of Labor Standards Enforcement, which can also order a waiting time penalty of one day's wages, payable to the employee, for every day the payment is late, up to 30 days.
http://www.dir.ca.gov/dlse/FAQ_Paydays.htm
susanyoung
03-26-2006, 03:11 PM
Thank you. I am sure he will. I am just wondering if he has a chance of ever receiving payment. One of the employee's paychecks bounced. That is why my husband wants a cashiers check. I think the company has big problems. That is why my husband left. Thank you for the reply.
mtracy
03-26-2006, 09:27 PM
If you sue under the FLSA minimum wage, you can sue his boss directly, not just the corporation. You only get $10.30 per hour worked (minimum wage times 2 for penalties), but it is unlikely that the boss would declare bankruptcy simply to not pay the debt. In any case, it is likely that the corporation would pay it so that the boss/owner doesn't have a judgment on his credit report.