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Final paycheck amount

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  • Final paycheck amount

    Hi,

    I was terminated on Decmber 16, 2005 and after a short battle, received the final paycheck today via FedEx. After opening the package, the check was almost 3 times less than what I was to receive. I also never received a final paystub with the check.

    Should I return the check and file a claim?

    Regards

  • #2
    What state did you work in?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Thank you Patty for your assistance. I currently live in CA.

      Comment


      • #4
        Ah, you are fortunate, then, as California does require all final pay include accrued vacation through the date of termination. In addition, the pay was due on your last day worked if you were discharged or resigned with at least 72 hours notice, or within 72 hours if you resigned with less than 72 hours notice. California employers are also required by law to provide a pay statement with the check.

        You do not give up your rights if you cash the check. I recommend you file a claim with the Division of Labor Standards Enforcement of the Employment Development Dept. for the unpaid vacation and for waiting time, which can be ordered, which is up to 30 days pay from the time your final check was due by law, until you actually received it, in full.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd
          Ah, you are fortunate, then, as California does require all final pay include accrued vacation through the date of termination. In addition, the pay was due on your last day worked if you were discharged or resigned with at least 72 hours notice, or within 72 hours if you resigned with less than 72 hours notice. California employers are also required by law to provide a pay statement with the check.

          You do not give up your rights if you cash the check. I recommend you file a claim with the Division of Labor Standards Enforcement of the Employment Development Dept. for the unpaid vacation and for waiting time, which can be ordered, which is up to 30 days pay from the time your final check was due by law, until you actually received it, in full.
          Thank you again Patty. One last question on the topic. Do I subtract the amount that I have already received to the amount that was expected on the claim or should I still claim the full amount?

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          • #6
            I would do both. Even the partial amount you received was late.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Originally posted by Pattymd
              I would do both. Even the partial amount you received was late.
              Thank you again Pattymd. I will pursue that.

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              • #8
                You're welcome.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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