Delayed Payment After Resigning in CA California

[agiacom12]

For the past 3 months I was having issues w/ my 401k I requested to have a certain amount deducted from my paycheck but for whatever reason it never went to my 401k acct so my company would have to send me off cycle checks. I turned in my 2 weeks notice at my previous job and noticed on my final paycheck that they deducted money for 401k again even though they knew it was an issue w/ the money posting to my actual retirment acct I notified my Supervisor and he assured me it would be taken care of. My last day was 6/16/06 I jujst received my 401k deduction off cycle check today 6/28/06 and per the check they didn't even cut the check until 6/27/06 somw people are telling me that they were supposed to have the issue corrected and the money back to me w/i 72 hrs from my last day. Is that true and if so what do I do about it??

[Pattymd]

OK, I'm confused. Where they deducting from your pay in error? Or not deducting when they should have? If the latter, was the "off-cycle" check a replacement check (with 401(k) deducted) of the original where there were no deductions?

[agiacom12]

I elected for them to take 3% out of my checks to deposit into 401k they continued to have errors w/ Fidelity so the money instead of going to my 401k acct from my regular check kept getting sent back to payroll. The off cycle check was the 3% of my wages that was supposed to go into my 401k because they could not figure out the error they would send me back my money deducted because they did not know where to put it

[Pattymd]

Oh, OK. You signed up, they deducted, but didn't forward to the administrator, but instead wrote you a separate check to refund the deductions. Is that right?

[agiacom12]

Exactly and after I quit they waited 11 days to cut my reimbursment check some people tell me because knew it was an issue they had 72 hrs to cut my check others say the 11 day wait is normal what is the correct info???

[Pattymd]

Your wages had to be paid by the date required by law. If there was a deduction in error, for whatever reason, the law does not address that. Only your wages.