Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Department of Industrial Relations California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Department of Industrial Relations California

    After I was terminated my employer who is based in New York did not pay me my final check. I filed a claim with the California Department of Industrial Relations. It has been about 6 weeks now and I haven't heard a thing from them. I am wondering if the CA Dept. of Ind. Rel. has enough teeth to get my final check from my former employer in New York or should I just forget about them and file a small claims court case against my employer myself? If I do file a small claims court case against my employer can I go after anything above the amount of the last check?
    Last edited by pantoner; 04-04-2007, 02:18 AM.

  • #2
    When you called them to ask for a status, what did they say?

    And did you file your complaint with the CA-DIR or the CA-DLSE? The DLSE would be MUCH your better bet.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      You need to file with the California Department of Labor Standards Enforcement (DLSE) as cbg suggested. Don't expect a quick settlement though since they are months behind. They will get there eventually. Also, in California, you are entitled to additional compensation up to 30 days for the companies failure to provide your final paycheck on your last day.
      Last edited by aswas71788; 04-04-2007, 08:37 AM.

      Comment


      • #4
        http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Conference Scheduled

          Yes, I did file with the DSLE. I couldn't get through on the phone so I went to the office and I found out that I am scheduled to have a conference in June. Also, my notification letter arrived today and neither of the boxes for additional wages accrued as a penalty are checked.

          Does anyone have any advise for me regarding the conference. The case is straight forward. My employer is in New York. I worked for them in California as a regional sale manager. I did not recieve my last check. I was told that I would recieve it after I returned my demo equipment back to them. After I returned it to them they still did not pay me my last check. I am assuming that they will say that the demo equipment was damaged, or something like that.

          Of course, I would like to get the full 30 day penalty if I can.

          Thanks for any information that you feel may be helpful.
          Last edited by pantoner; 04-05-2007, 06:15 PM.

          Comment


          • #6
            It will probably just be an informal conference with someone from your employer & you along with someone from DLSE. The dispute will try to be resolved at this conference. You can also bring up the 30 day penalty pay at this conference. If the dispute/complaint can't be resolved at this conference, an administrative hearing will be held to make a final decision on the complaint.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Thanks. How does the DLSE think regarding the 30 day penalty pay? Is there any format to the discussion?

              Does anyone have any experience with this?

              I would like to be able to prepare an argument to my benefit so if anyone can help me to know what the important points are which would support a 30 day penalty it would be very helpful.

              Comment


              • #8
                Did you bring up DAW's link - it's rather helpful.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                Comment


                • #9
                  pantoner: I would like to be able to prepare an argument to my benefit so if anyone can help me to know what the important points are which would support a 30 day penalty it would be very helpful

                  Advise the DLSE hearing officer that you formally requested your check, you were told it would be mailed to you, and it still has not been received. Also, be specific about dates and names of company employees with whom you spoke.

                  pantoner: I am assuming that they will say that the demo equipment was damaged, or something like that.

                  I wouldn't be surprised. I also wouldn't be surprised if that argument fell on deaf ears.
                  Barry S. Phillips, CPA
                  www.BarryPhillips.com

                  IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

                  Comment


                  • #10
                    In California, an employer cannot withold a final paycheck in order to get back items such as computers, cellulars, supplies, etc. or deduct repirs on the items. They can sue for return of items but cannot withhold the final check.

                    As for the hearing, be at least 15 minutes early, be dressed appropriately, follow the hearing judges instructions and be factual. Have names dates, be as specific about the conversations as possible. If you called long distance, have a copy of the telephone bill, just in case. Do not become aggressive towards the former employer. In short, be professional in your attitude and appearance. That does not mean you have to wear a suit, but be dressed in a nice shirt and slacks combo.

                    Don't be suprised if the employer representative does not show.

                    Comment


                    • #11
                      The only state in which an employer can withhold a paycheck pending return of company property is South Dakota.
                      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                      Comment


                      • #12
                        Originally posted by pantoner View Post
                        After I was terminated my employer who is based in New York did not pay me my final check. I filed a claim with the California Department of Industrial Relations. It has been about 6 weeks now and I haven't heard a thing from them. I am wondering if the CA Dept. of Ind. Rel. has enough teeth to get my final check from my former employer in New York or should I just forget about them and file a small claims court case against my employer myself? If I do file a small claims court case against my employer can I go after anything above the amount of the last check?
                        In 2005 I was fired from an employer, and that employer failed to pay me my last $30 dollars in the termination meeting.

                        As a result I filed with the Department of Labor, and ended up getting a check for $750 instead. It was nice.

                        You should file, and you may get the double the amount or even more as I did. I disputed $30 and ended up getting $750.

                        Comment


                        • #13
                          Final decision?

                          Anyone have an idea how long it takes for director to issue his decision once he recieved hearing officers decision? It took the hearing officer 6 months to issue his decision, I am hoping ity doesn't take the director as long. Thanks for your help.

                          Comment


                          • #14
                            I don't think that's something anyone can guess at. I would think that it would vary with the merit of the claim, the staffing of the office in question, and what kind of backlog they had.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                            Comment


                            • #15
                              Update

                              Here is an update on my case. Two weeks ago I went to the informal hearing. My employer who is in New York did not show up. I got the name of the company I worked for slightly wrong on the claim so he sent a letter to the (DSLE) saying he never hired anyone under that company name. The rep from the (DSLE) and I made the correction. At that time I told him that I wanted to claim the penalty and he entered that into system also. Today I received a letter which said that the employer responded with information stating that he had already paid me the small commission part of my claim. I didn’t notice it on my check but after seeing his evidence I do not doubt that he paid it to me. I intend to write a letter back to the (DSLE) saying that I waive that amount from the claim but that the rest of the claim stands as it is. Does that sound alright or am I stepping into a trap?

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X