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  • #16
    I'm almost certain my former employer will claim a "good faith dispute" existed. They withheld 4 hours of reporting time pay for several days after termination. They claimed my supervisor was instructed to inform me and another employee not to report to work. I carpooled in with my supervisor that morning so of course he was unaware of this or he would have not picked me up. I'm wondering how easy or difficult a good faith disputes existance is for an employer to prove. Has anyone had any experience with this or know of any cases dealing with this?
    "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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    • #17
      No idea. What I do know is that the penalty is not automatic. The CA-DLSE ALJ hears both sides and gets to make a decision. CA-DLSE really considers this to be their decision to make, and does not consider the penalty to be something automatic that CA-DLSE just rubber stamps. So, always ask for the penalty if you think it is applicable, but do not assume that it is a sure thing.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #18
        Sigh...I have called four different offices and none really knew much. Sorry to say, but pretty incompetent. I think I will try going to the office and having better luck.

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        • #19
          Okay, I had better luck at the DSLE office. I was told that I have a case. I was given some paper work to fill out and was told that the process will take anywhere from 30-45 days. Im going to write my employer a letter first requesting my pay, and if they dont comply, then I will have no option but to file a wage claim against them. If I didnt have so many hours of pay, I wouldnt have spent this much energy on this.

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          • #20
            Wow, only 30-45 days? I was told it may take 3 or 4 months for an initial hearing. I would file your claim ASAP if I were you. Report your unpaid wages and if you get paid before the informal hearing let them know at the hearing what date you were paid and request your waiting time penalty. Even if your employer pays you, don't hesitate to file for the waiting time penalties.
            "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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            • #21
              You are right, but I think I want to write them a letter first. It would help me a lot if I could collect that money now and not in 45 days or so.

              Im not good at writing letters though. If anyone is willing ot help me write up a draft, it would be greatly appreciated

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              • #22
                Are you sure you want to do a letter? It might be easier to just go to your former place of employment in person and request your wages. Either way I could give you a hand. Give me a little while and I'll come up with something.
                "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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                • #23
                  Thanks for the help. The reason for the letter is so I can reference and attach the opinon letters you posted. In the letter I can also mention the penalties, etc. It would be official by doing it by letter and its good for records just incase. Actually, I was thinking about mailing the letter, or just sending an email to the HR department.

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                  • #24
                    Send the letter registered mail with proof of reciept requested. Anybody can type up an "email" that was never sent and claim they did. Face-to-face conversations can be denied unless you bring creditable witnesses. Registered mail with a signature is hard to deny.

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