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Waiting time penalty- Long story California

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  • Waiting time penalty- Long story California

    I quit my position at the end of October and provided written notice that I wanted my final pay mailed so I didn't have to return to the location. After the 3-day waiting period (and a couple extra days to account for the mail) I called to see where the check was. I was told it would take 7-10 days for it to be processed. After about ten days I went to the CA DSLE office to file a wage claim. In the meantime I called the employer on an almost daily basis looking for my money. At the end of November the HR rep for my location calls me and tells me that although she submitted the request for a check to be mailed it was never processed. She recommended that I come into the location to receive a cash payout (standard procedure for this company). I did that the same day that she recommended it (December 1).

    Here's where things get interesting. My wage claim went to a conference. I never received notification of this conference because the post office returned the notice as undeliverable (USPS said our house didn't exist and has been nothing but trouble). Anyway, I found out about the results of the conference a couple of days ago while speaking with a DSLE employee about another wage claim I had filed (different employer). The case was dismissed since the wages were paid.

    I want to hold the employer liable for the waiting time penalty. However since the initial claim was dismissed do I have to take it to small claims court or can I open a new claim specifically for the waiting time penalty?

  • #2
    As far as I know you can file a wage claim for the waiting time penalty only. Try it. It works or it does not.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      I spoke with the DSLE deputy that handled my initial case in-person yesterday. She said that since the case was dismissed from her office any further action must be handled through the courts. I can't file a separate claim for the waiting time penalty.

      So, I'm sending the employer a 10-day demand for payment as recommended by the court. We're talking about around $2,000 in penalties, so yeah... I'm following up.


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