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not getting paycheck California

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  • not getting paycheck California

    hi i have a question i work for (large fast food chain) and my pay day is today however i had to call in sick two days ago because i had to go to the er because i have a viral syndrome and i cant be anywhere near food or else it would be contaminated so i got the doctors note and my mother in law took it in for me because i didnt want to get anyone else sick there adn they told her that i had to be in work that day and she explained to them what was going on and the got mad so i called today to see if my husband could pick up my pay check and they told him that i couldnt get my check because i called in sick is that legal
    Last edited by cbg; 11-19-2010, 11:33 AM.

  • #2
    It is legal in the sense that if you read the actual laws on the subject, the subject of spouses picking up paychecks is not discussed. Past that point, if a non-terminated employee is paid late, the penalty goes to the state, not the employee, so the employer is in a legally very strong position here, especially if we are only talking a day or two late.

    Not really your question, but does your employer offer direct deposit? If so, sign up, and this problem because forever solved in the future. Checks, IMO, are always a bad idea. Anyone paid by checks is going out of their way to give their employer a chain to tug on whenever the employer feels like it.

    Regarding requiring employees to work while sick, that is not inherently illegal under general labor law, but there might be some health code or OSHA requirements that I do not know about. Not my industry. I can say that being required to work sick and picking up the paycheck are two very different laws. You might considered these to be related issues, but the government will not. And if you work sick because the employer told you to, the employer is the one breaking the law (if any), not you.

    There is always a potential risk in ignoring instructions given by the employer. And legally doctor notes mostly do not mean anything. There is no law that says if the doctor writes a note, that the employee just become termination-proof. Past that, you can buy programs that write doctor notes on the Internet. At best a doctor note has some meaning in context of certain specific laws such as ADA, FMLA or maybe a worker's compensation claim. All laws that do not get triggered every time someone gets sick.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      And, if I may, if you post again. Please use capitalization and complete sentences. that huge run-on sentence got very hard to read. We're not texting here.

      Thank you.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        paycheck

        I know about the run on sentence, and I apologize. I've had this virus for the past couple of days and it just keeps getting worse. I told deleted) and said that I wouldn't be able to go in for at least three days and my mother in law took the note to them. Now apparently I cant even get my paycheck to pay some of the bills I could not at the beginning of the month because I called in sick. Even though I worked my *** off before I got sick. I believe I did the right thing in going to the ER because I don't think people would want to get sick due to a contaminated burger.
        Last edited by cbg; 11-19-2010, 07:32 PM.

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        • #5
          You can file a complaint with CA-DLSE for wages paid late, but the penalties goes to the state, not you. Still, that will get the employer's attention. But to be very clear, CA-DLSE does not care about you being sick, or even the burger getting contaminated. CA-DLSE cares about wages, not burgers, not sick people.

          You might consider editing the employer's name from the post. Putting your employer's name in the post does not improve the answer, but does greatly improve the chances of you being legally fired.

          http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

          11. Q. If my employer does not pay me on my regularly scheduled payday, what can I do?

          A. You should contact the Division of Labor Standards Enforcement and explain that your employer is not paying you on the regularly scheduled paydays. DLSE will assist you by explaining the law to your employer. Failure to post the payday notice required by Labor Code Section 207, and failure to pay wages in good funds on the regular designated payday as prescribed in Labor Code Sections 204, 204b, 205, and 209, respectively, is a misdemeanor. Labor Code Section 215
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            While I agree with all DAW has said, could you have (or can you still) mail a written request, asking that your they mail your check? Or a written request authorizing your mother to pick it up?

            Having said all this, your paycheck WAS available on the appointed day; you were not in any physical condition to go get it. I'm not seeing why that's the employer's fault.

            You need to look at alternative options and discuss them with the manager until you find one that works.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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