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Can I file a complaint with the Dept. Of labor for this? California

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  • Can I file a complaint with the Dept. Of labor for this? California

    Hey everyone,

    I'm new here and I've been reading around, but I figured I'd register and ask my question.

    I'll keep it short and simple. So on 2/18/10 I quit my job without giving 2 weeks notice. The manager was always disrespecting me and talking down to me and I had enough of it.

    On that day he told me my final paycheck would be ready in 72 business hours which should have been today 2/23/10. I called him today and he said it is not ready and will not be until Friday the next pay day. Does he violate the 72 hours law or no? Can I rightfully file a claim with the Dept. of Labor?

    thanks everyone.

  • #2
    Others are better on CA law then I am, but my understanding is that when you resign you are paid on the following pay date, if you are terminated you are paid within 72 business hours.
    Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

    I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

    Comment


    • #3
      Originally posted by CatBert View Post
      Others are better on CA law then I am, but my understanding is that when you resign you are paid on the following pay date, if you are terminated you are paid within 72 business hours.
      From my understanding and reading through out today if you are terminated you have to be paid your final check within the same day.

      if you quit they have 72 hours

      correct me if I am wrong.

      Comment


      • #4
        I just looked this up, take a look at this link it should answer your questions as well as give you the info to file a complaint.

        http://www.dir.ca.gov/dlse/FinalPay.pdf
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

        Comment


        • #5
          Originally posted by CatBert View Post
          I just looked this up, take a look at this link it should answer your questions as well as give you the info to file a complaint.

          http://www.dir.ca.gov/dlse/FinalPay.pdf

          Thanks that pretty much summed it up for me.

          My question though, is it worth filing a complaint right now or should I just wait it out to see if I get paid on Friday like he claims? Keep in mind being paid on Friday is way way past 72 hours.

          Comment


          • #6
            You can go ahead & file a complaint since the 72 hrs. has elapsed. (though you will probably get your check before they get to the complaint)
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Honestly, I'd wait until you get the check, then file for the waiting time penalties. That way you'll know how many days penalty to ask for. And there is no reference to the 72 hours being "business" hours, so according to the letter of the law, the check was due on the 21st.
              Last edited by Pattymd; 02-24-2010, 03:54 AM.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                You should look at this, however, since it gives much more detail as to what is required:

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

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

                Comment


                • #9
                  I would go ahead and file now. The initial claim form (DLSE Form 1) doesn't have a space to fill out for waiting time penalties, so you don't need to worry about that. The deputy labor commissioner assigned your case will calculate that at the hearing. Just fill it out claiming everything that you are owed as of now. If you get paid before the hearing, just mail or fax a letter amending your wage claim to ask for ยง203 (waiting time) penalties only.

                  Here's the form if you'd like to fill it out on your computer and print it.
                  Or you can call or go to a district office and they will give you the form.
                  Here's the procedures and policies of the wage claim process
                  "The most patriotic people in America are the working class" - Cecil Roberts - President UMWA

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