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Deciding whether to file claim against employer--need advice! California

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  • Deciding whether to file claim against employer--need advice! California

    Hi all!

    This is my first time posting on a forum and I'm in desperate need of advice.

    Here is my story:
    I've been with a company for almost 2 years and decided to quit. I gave them my 2 weeks and fulfilled my job duties for those 2 weeks. My last day was January 4th. My check was not ready for me to be picked up until the 15th of January. My final check also did not include pay for my earned vacation hours.

    I guess what I'm trying to figure out is the best way to go about this situation: Should I personally request for my unused vacation pay or file a claim? And can I personally ask them to pay me for any waiting time penalty or is that only through a claim?

    I am also wondering if I would be entitled to "rest period wages" since I have never been given a 10 minute break for the time that I have worked. I have always worked at least 5-6 hours a day (excluding lunch).

    I am hesitant to file a claim because I fear they will deny the claim and somehow I'd end up in court spending more money fighting them.

    Any help would be great. Thank you all in advance!

  • #2
    File the claim with the DLSE. It is not hard to do and it is free. They will determine any penalties due and the vacation issue. No need to start worrying about court costs.
    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.