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California employer put a stop payment on final paycheck.

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  • snyper1982
    replied
    Awesome. Thank you so much.

    Leave a comment:


  • DAW
    replied
    http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm

    http://www.dir.ca.gov/dlse/Policies.htm

    Leave a comment:


  • snyper1982
    replied
    Thank you. How would she go about filing the wage claim?

    Leave a comment:


  • DAW
    replied
    - Regarding the key, the employee should send a very brief letter by certified mail to the employer. Very brief, means very brief. One line saying "On [date] I returned the key to [name of employee]" is more then adequate.
    - Regarding the unpaid wages, send a second very brief letter by certified mail to the employer. Very brief still means very brief. One line saying "This is my last request for unpaid wages before filing a wage claim" is more then adequate.
    - If/when the wage claim is filed, terminated employees can claim up to 30 days pay as a late payment penalty. This should be requested.
    - The stop payment related fees could be attempted to be recovered by a small claims court action. I would be inclined to wait until after the wage claim is resolved, since winning that would support this other action.

    -----

    Not your question, but including the name of the employer in your post is a really bad idea. You should edit it out.
    Last edited by DAW; 08-27-2008, 10:58 AM.

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  • California employer put a stop payment on final paycheck.

    Hello,
    My girlfriend was working at a restaraunt, and the owner is an idiot, so she got tired of it and quit. Anyways, she picked up her final check(I don't know if he even had that ready in the 72 hours he was supposed to have it ready in.), and cashed it. Well a week or so later she got a call informing her that the check had a stop payment put on it. She contacted the owner and he said he did it because she didn't return the key to the store. I will get back to the key later, but I am wondering if he can legally stop a payment on a payroll check for the reason he did. Seems to me he could pursue legal action on they key, but to deny wages would be a big no-no, but alas, I am not that well versed in the law, so I digress.

    Back to the key though, she gave the key to a different employee on her last night of working there, and that employee has since quit as well. The key is a sketchy situation, as it is now a he said she said type of thing. He also said he filed a police report about the key...

    Anyways, I am wondering what sort of recourse she has availible. I am assuming she can file a wage claim(which I not sure how to do), and a claim for late penalties, since he has never technically paid her seeing as he put a top payment on the check. Can she also be reimbursed for any money lost resulting from the stop payment?

    Thanks in advance for your help.
    Last edited by snyper1982; 08-27-2008, 09:10 AM.
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