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CA- Hired and Quit questions on unemployment and last paycheck California

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  • CA- Hired and Quit questions on unemployment and last paycheck California

    I started at a job back in September 2008, at time of hire I signed my contract and my employer did as well, in that contract he wrote that after 90 days probation period I would receive a raise, and the better I do, the greater the raise.

    Yesterday I put in my 2 week notice, because I had never received that pay, and many times within the past 6 months, they have withheld our checks, and did not pay us on designated pay days. I went to work today they said they accept my resignation and made me sign a paper saying I voluntarily quit.

    Now my question is when should I be getting my last pay check, and can I file for unemployment because they did not keep their promises at time of hire.

    Thank You, Dustin.

  • #2
    Since you gave two weeks' notice, your final pay, including accrued vacation, is due on your last day of work.

    But I wouldn't count on getting unemployment benefits. You did quit. If you had a bona fide contract, you had other recourse for the refusal of the raise, including suing for breach of contract. If you weren't getting your paychecks on time, you had other recourse, including filing a civil claim or a complaint with the DLSE.

    I'm not saying don't file. Just saying that I would not be optimistic.
    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
      Originally posted by Pattymd View Post
      Since you gave two weeks' notice, your final pay, including accrued vacation, is due on your last day of work.

      But I wouldn't count on getting unemployment benefits. You did quit. If you had a bona fide contract, you had other recourse for the refusal of the raise, including suing for breach of contract. If you weren't getting your paychecks on time, you had other recourse, including filing a civil claim or a complaint with the DLSE.

      I'm not saying don't file. Just saying that I would not be optimistic.
      Ok yeah I am gonna file it later, I do have some job interviews coming up so I am really not hoping to rely on it. My main thing was when I was supposed to get paid. I mean I was expecting to work for another 2 weeks but they just let me go today.

      Comment


      • #4
        Originally posted by r34lRockNRolla View Post
        I mean I was expecting to work for another 2 weeks but they just let me go today.
        They accepted your resignation immediately (or pretty close to it). However, under these circumstances, your final check was due today.

        And although California has a week waiting period, I would file now anyway, because you should be eligible for benefits (after the waiting period) for the remainder of your notice period at the very least.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd View Post
          They accepted your resignation immediately (or pretty close to it). However, under these circumstances, your final check was due today.

          And although California has a week waiting period, I would file now anyway, because you should be eligible for benefits (after the waiting period) for the remainder of your notice period at the very least.
          where would I file a claim with the labor board? Is there a place I can do it online? Or do I need to go to an office?

          Thank You so much btw

          Comment


          • #6
            What you probably want to do first is contact the company and ask "now that you have accepted my resignation as of today, when will I get my final check?"
            Q #9 here:
            http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

            What I would do is see what they say first. You may be eligible for a waiting time penalty if you try to mitigate the loss with the employer. Then, when you DO get the final paycheck, THEN file the claim for the waiting period penalty. It's not automatic, but it's certainly better than a 50/50 chance.
            http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd View Post
              What you probably want to do first is contact the company and ask "now that you have accepted my resignation as of today, when will I get my final check?"
              Q #9 here:
              http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

              What I would do is see what they say first. You may be eligible for a waiting time penalty if you try to mitigate the loss with the employer. Then, when you DO get the final paycheck, THEN file the claim for the waiting period penalty. It's not automatic, but it's certainly better than a 50/50 chance.
              http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
              They said I am getting my pay check on monday. What is really funny is our set pay day is the 7th. Let alone the fact they should have given me a check today.

              Comment


              • #8
                They may already have submitted the payroll to a payroll processor with a full check for you, and will have to issue a manual check. I'm surprised they don't have a way to do that on the fly, especially in California, but there ya go.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  So I have a phone interview w/ the EDD in a few weeks, is there anything in particular I should say? Well other than explaining my situation...

                  Comment


                  • #10
                    You just want to answer their questions truthfully.
                    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.

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                    • #11
                      Just talked to E.D.D. they do not deal with wait time penalties


                      where do I have to go to make a wait time penalty claim?

                      Comment


                      • #12
                        Late pay checks/wait time penalty claims go through the Ca. DLSE.
                        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

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