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also refusing to pay!!! PA

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  • also refusing to pay!!! PA

    Heres something I needed to rant about…

    Two and a half weeks ago I quit my job. I had enough of theyre crap and decided to pack up and move back to san diego. I quit on a Friday without notice, after a heated argument with the owner, got my check and handed in a formal resignation.

    Since it was in the middle of a pay period, I was still owed a weeks pay which I was supposed to get last Friday. So I call to schedule to pick up my check and they say they don’t have it and to call Monday. So I called back Monday and I was informed that they were holding my check and don’t expect to give it to me. They claimed that it cost the company a substantial amount of downtime, causing charge backs from customers, finding a replacement for me, and getting things organized again, and that they didn’t feel they owed me. The also mentioned the bonus that I received to move out here, saying that since I was only here five months, that it wasn’t fair to the company.

    Now… in my defence…

    The offer letter and contract that I received said I would receive 2000 up front, and 2000 after two weeks of being here. It said I was an at will employee and the I could quit at any time and can be fired at any time. It wasn’t specified that I had to be there a certain amount of time.

    Second, before I quite, my buddy in the sample dept. quit. He received his check on Friday. And about an hour after I quite, my assistant, who had been promoted to art director for a whole hour, walked out. He also will be receiving his check. One month before all this, another employee was fired, and while walking out, broke all the screens we needed for printing, threw a trash can at the general manager, and threatened to kill the production manager. He also got his check without issue.

    So the law states that if for ANY reason, a person is “separated from payroll,” he or she is to get their last check by the next pay period. It also states that if the company is holding or disputing pay, that they have to provide me with a written statement, which I had asked them for, which I got the response, “I don’t have to give you anything, remember it, write it down, this conversation is over!!!”

    Needless to say, I am filing a complete with the labor board, and hopefully resolve the matter.

    Any one have an idea of what else to do? Would fines will be slapped on them, am I entitled to any penalties, or awards?

    pete

  • #2
    They may or may not be fined, but you won't see any of it. The only state I know of where waiting penalties for a late final check may be assessed and payable to the ex-employee is California.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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