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Yet Another "Waiting time penalties in California" Post...

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  • Yet Another "Waiting time penalties in California" Post...

    Hello Labor Law helpers,

    Once again, a person asking about "waiting time penalties", but I wanted to sort out my situation and get advice with this current issue I have at hand. I'll keep it as simple as possible. I am a server that makes minimum wage plus tips at a restaurant. I was being verbally abused (not the only employee to complain about that) from the Chef and couldn't take another day of it so I quit. I've been in the industry for years and know how to take the "heat", but this guy was just ridiculous and a straight up bully. (There's even people who have written about him on webpages, Yelp, etc.) But I digress...
    • Quit on 12/11/12 with no notice. Talked with General Manager about why I was quitting and told him I won't be back in. He understood, told me that my paychecks will be avaible on 12/14/12. Paychecks for the previous pay period and for the pay period I was on, which was only that one day of work - 12/11/12.
    • Came in physically to pick up my paychecks on 12/14/12 and only received my paycheck for the previous pay period and not for my last day of work. I was told to "come back in on the next pay period to pick it up or it will be mailed."
    • I waited for two weeks and called on 12/28/12 to inquire about my last paycheck and talked with a manager to see if it was there for me to pick it up. He put me on hold and then came back to tell me he couldn't find it and that it should be mailed.
    • As of today, 1/14/13, I do not have my paycheck and have attempted TWICE to get my paycheck. So I decided to email HR telling her that I understand Labor Code section 203 and asked if she could help me get my last paycheck and she said:

      "I do have on record that for pay period 11/26 to 12/9, you worked a total of 15.53 hours, which you should have received that check on payday 12/14.

      I do have on record that for pay period 12/10 to 12/23, you worked one day totaling 4.55 hours. This was the total that your final check request was for and should have been processed shortly after your last day on 12/11.

      I do have the official Term Form on file requesting this from the management team.

      I spoke to my payroll specialist and the check was indeed cut, check # ****. I am not quite sure what happened to the check as it was mailed.

      I have already requested a stop payment on the check with the bank, but as you know this can take a few days to wait for them to confirm whether or not is has been cashed.

      Once I get confirmation, we will reissue a new check and send it out ASAP."

    Where I am at is: I guess I don't understand why I was told it was in the mail, but never received it. Also, more confused as to why I was promised it on the 12/14/12, but it wasn't there when I picked it up.

    I am going to go to DLSE-CA soon about this and was curious if this sounds familiar and any insight would be great. I find it amazing that paychecks seem to be the only thing that gets lost in the mail these days. This scenario happened with my last serving job. Is this how they get away with "good-will"?

    Also, if I am granted this waiting time penalty fee, does this include tips and hourly?
    Last edited by CalServer; 01-14-2013, 05:30 PM.

  • #2
    Waiting penalty is entirely up to the state. No one here can promise you will qualify. File a claim with the state and you will either get it or you won't. Your reason for leaving has no impact on the outcome. When you contact the state, be brief and stick to the facts; the date you left, the date you were paid; what is outstanding.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.