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Waiting time penalties. Judgement awarded California

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  • Waiting time penalties. Judgement awarded California

    Hi all, I recently had a hearing regarding waiting time penalties due to my previous employer not paying me my vacation time for almost 3 months after quitting. I was awarded almost 6k for the penalty of a full days wages for 30 days. My previous employer paid it June 2nd to the labor board. How long will it take them to send it to me? I have called them and left messages but they haven't replied.

  • #2
    No idea, but CA state workers are very short staffed these days (hiring freeze, furloughs, layoffs, and no overtime allowed) so probably not quickly. If you want a wild guess based on nothing at all, probably 2-4 weeks. It is very likely that CA-DLSE does not actually issue the check, that there is a single "Accounts Payable" unit for the entire state of California, that there is probably some formal internal process for issuing refunds, and that the "Accounts Payable" unit will not even see the request until it has gone through proper channels.

    Keep following up, but if the employer has actually paid the state, then the hard part is done.

    Dumb question, but how do you know that the employer has paid the state?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Im not on bad terms with the management and just called and asked how HR took the judgement and he said they paid it certified mail and it was recieved on June 2nd.

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      • #4
        OK, so assuming that this is correct, it takes as long as it takes for CA to make the payment. While I would not assume that following up will speed things up, it can help prevent the payment request from being "lost". I generally have had Accounts Payable and Payroll report to me. We do not get to make payment decisions, but rather make the payments once the approved request has been received. For something as large as CA, the mechanics of the payments once the approved request has been received must be pretty locked down. But you have one group of people posting the cash receipt, and probably at least one more group of people who have to approve the refund request prior to the approved request making it over to AP for payment. Meaning at least two places for someone to make a mistake.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          I was thinking of just going to the office and seeing if I could sign for it there on Monday.

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