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Have not been sent my last paycheck

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  • Have not been sent my last paycheck

    Hi everyone,
    I know this is long, but please read and help me if you can. I am really concerned.
    I am aware of California Labor Laws and Section 98 and 203. Accordingly, I understand that since my employer has failed to provide my paycheck after 72 hours of my leave, I can file a claim. However, upon further reading in the Labor Laws, I discovered that it should be a good-faith claim. I read the description provided, but did not clearly understand as in to what it meant.
    Here are the circumstances before I quit:
    Since my previous employer was extremely unprofessional, I found a new job. Upon finding a new job I informed my employer that I quit on March 30 and he gave me a counteroffer. I denied his counteroffer on March 31 and told him that my last day would be April 11. During the next week there was major small office drama and I was extremely sick. I had practically lost my voice, hence I informed my employer and did not go to work on Tuesday. After going to work on Wednesday, I felt even more sick and informed my employer and went to work on Thursday at 12:30p.m. instead of 9:00am. During the weekend I faced a family emergency and had to travel out of state. I was unable to inform my employer that I would not be going in on Monday before 9:00 a.m. My boyfriend was to call him at 4:00 pm after he got of from his duty(he is in the Air Force Reserves). That same day my employer left a message and emailed me stating that if the keys to his office were not returned by 5:00p.m. that day than he would file a police complaint. I went to the closest kinkos and emailed him and informed as to what was going on and that I would no longer want to work for him and complete the two days, even if I was in California. In the email. We had two keys to the office, one key is to get in the building and another key to get in the office. From the two keys, I have the key to the building, but I had lost my key to the office a few weeks ago. I informed him that I would certify mail the key I had and the replacement key would cost him $3.00, so I will send him $5.00. I also reminded my employer that he owes me my paycheck. He wrote back to me and acknowledged that he owes me my paycheck for a week and that it has been already calculated by his bookkeeper. By the way, my previous employer had already found a replacement for my position, whom I trained on Friday April 7th. It has been over 72 hours and I have not received my paycheck.
    My questions are: Would my claim be considered a good faith claim?
    What does a good faith claim mean? Please explain in common terms.
    Can my employer file a police complaint against me about his keys? (I already him the key I have.)

  • #2
    "Good faith" means, among other things, that you have held up your part of the bargain in returning company property, not having secret files, etc. Either way, though, he can't hold your paycheck because of this. However, if getting the check is dependent upon sending him 5 lousy dollars, sending it would show "good faith" on your part.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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