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Question regarding Final Paycheck, please help! California

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  • Question regarding Final Paycheck, please help! California

    Sorry for the long read but I need your advice regarding this situation.

    So I quit my job on September 5, 2008. Did not give any notice and returned all company property that same day. Was waiting for my final paycheck to come on the 15th (didn't know about the 72 hour law). I always had my paychecks deposited into my account directly so when the 15th came, I didn't see anything. The next day, I called another ex-employee who quit 3 days after me and he said he received a check in the mail on the 16th. So I figured mine was in the mail as well. Waited until the 19th and still nothing. So I emailed my former boss and he then sends an email (and cc's me) to his book keeper telling him to cut me a check and have me go pick it up from him (my former boss). I in no way want to deal with this guy (short tempered, angry, yells A LOT. Even showed up to my home once when I took a vacation day that he already okayed). So I called the book keeper and asked if he could mail me my final check to me. He said he could just deposit it in my bank account and I said that would be great. 30 minutes later I get another email from my ex boss canceling the deposit to my bank account and telling me I need to go pick up the check from him personally on the 22nd.

    1. I'm guessing he's allowed to cancel the deposit of my final paycheck since it is his personal book keeper?

    2. I KNOW he didn't bother cutting me a final paycheck (since another ex employee already got his) until I contacted him about it. Is it illegal to not even bother paying me until I contacted him?

    3. Can he refuse to mail the final paycheck and have me pick it up from him? (I do not feel safe picking it up from him.)

    4. It'll be 17 days before I'm given the opportunity to get paid, is there any legal actions I can take?

    Any help would be greatly appreciated!
    Last edited by Advice Needed; 09-20-2008, 01:15 PM.

  • #2
    Your employer was legally required to issue payment within 72 calender hours of your termination under the circumstances you describe. Your employer is subject to possible penalties for failing to do so.
    http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm

    Past that, it is very common for employers to not make termination payments via direct deposit. Every employer I have ever worked had this policy. It actually used to be illegal in CA to make a termination payment via direct deposit although this is no longer true. This is no way excuses the on-again-off-again treatment you got.

    To my knowledge there is no rule in CA that the employee can force the employer to mail the check. You could have a friend come with you to pick up the check.
    Last edited by DAW; 09-21-2008, 06:41 AM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      is this "72 calendar hours" a federal or a Kalifornistan law?

      Comment


      • #4
        Originally posted by Advice Needed View Post
        Sorry for the long read but I need your advice regarding this situation.

        So I quit my job on September 5, 2008. Did not give any notice and returned all company property that same day. Was waiting for my final paycheck to come on the 15th (didn't know about the 72 hour law). I always had my paychecks deposited into my account directly so when the 15th came, I didn't see anything. The next day, I called another ex-employee who quit 3 days after me and he said he received a check in the mail on the 16th. So I figured mine was in the mail as well. Waited until the 19th and still nothing. So I emailed my former boss and he then sends an email (and cc's me) to his book keeper telling him to cut me a check and have me go pick it up from him (my former boss). I in no way want to deal with this guy (short tempered, angry, yells A LOT. Even showed up to my home once when I took a vacation day that he already okayed). So I called the book keeper and asked if he could mail me my final check to me. He said he could just deposit it in my bank account and I said that would be great. 30 minutes later I get another email from my ex boss canceling the deposit to my bank account and telling me I need to go pick up the check from him personally on the 22nd.

        1. I'm guessing he's allowed to cancel the deposit of my final paycheck since it is his personal book keeper?

        2. I KNOW he didn't bother cutting me a final paycheck (since another ex employee already got his) until I contacted him about it. Is it illegal to not even bother paying me until I contacted him?

        3. Can he refuse to mail the final paycheck and have me pick it up from him? (I do not feel safe picking it up from him.)

        4. It'll be 17 days before I'm given the opportunity to get paid, is there any legal actions I can take?

        Any help would be greatly appreciated!
        Consider taking him to the labor board or hire a private attorney if you have other claims ie. unpaid overtime and collect your 203 penalties (one days wage for each day the final check was not received past 72 hours) up to 30 days. Keep your emails as evidence for your hearing.
        Walter

        www.Californialaborlaw.info
        "California Wage and Hour Class Action Attorneys"

        Disclaimer: The above correspondence does not constitute legal advice nor establish an attorney-client relationship. You should seek the advice of independent legal counsel before relying upon, acting upon or not acting upon any information contained in this correspondence.

        Comment


        • #5
          To answer your follow-up question, the timing of payment of final wages is always state law (if the state even has one) and California does as DAW provided. If you had gone to the link, you would have seen that.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            is this "72 calendar hours" a federal or a Kalifornistan law?

            It is a California law. There are no Federal laws regarding the timing of payment.
            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

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