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Final pay transitioning from in-house to outsourced staffing California

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  • Final pay transitioning from in-house to outsourced staffing California

    Thanks for all of your advice in my previous topic, but now it's all done and I need more help.

    I was employed by a national retailer as a wireless consultant (sales). The company decided to eliminate my position and go with a 3rd party staffing solution. I decided to accept a position with the 3rd party company and my "1st day" is today (2/18/11).

    Everyone in my position was given 60 days notice since that was the assumed time frame to complete the transition. We completed the transition on 2/17 and HR sent out a memo to affected stores saying to process termination paperwork and have our final checks ready immediately. When I arrived on 2/18 they did not process termination paperwork and I have not received my check.

    Since I asked for my final wages today and as of right now I have not received them, should I file an unpaid wage claim? It does say in the CA labor code....:

    "201. (a) If an employer discharges an employee, the wages earned
    and unpaid at the time of discharge are due and payable immediately."

  • #2
    Before you go through all that hassle, what does the employer say about when you will receive the check? It will take WEEKS for the DLSE to even get to any claim you might file.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      I was told that I should have received it on Friday. I'll probably receive it on Monday. I feel that the company needs to be held liable for the waiting time since my management failed to follow a directive to process the paperwork in a timely manner.

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      • #4
        I don't necessarily disagree. Just saying the timing will be long and waiting time penalties are not automatic.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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