Legal Question in Business Law in California

Paycheck held hostage against my job id card

I gave 2 weeks notice and quit my job approximately 10 days ago. My manager and the payroll department refuse to send my last paycheck because I didn't return my job id card when I left the job. I mailed it via certified mail and have the receipt for it. They claim that they still didn't recieve it. Is it possible for them not to pay me for such an excuse? What should I do?


Asked on 5/22/03, 8:20 pm

5 Answers from Attorneys

Roy Hoffman Law Offices of Roy A. Hoffman

Re: Paycheck held hostage against my job id card

Messrs. Miller and Berger are correct. You need to immediately contact the Labor Board.

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Answered on 5/23/03, 3:41 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Paycheck held hostage against my job id card

California law requires that an employer pay a departing employee within a very short timeframe after departure. You might wish to consult with the California Dept of Labor (EDD) to file a complaint. Penalties for failure to pay might attach. Good luck. -Robert F. Cohen

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Answered on 5/22/03, 8:25 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Paycheck held hostage against my job id card

Thank you for your posting.

The short answer to your question is no, no, no, what your employer seeks to do is not legal. You should get an attorney to fax or mail a letter to them asap, in my opinion.

I hope that this information helps, but if you have other questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. It�s my pleasure to help in any way that I can.

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Answered on 5/22/03, 8:35 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Paycheck held hostage against my job id card

You should contact the California Division of Labor Standards Enforcement. Their web address is:

http://www.dir.ca.gov/DLSE/dlse.html

If they don't pay you within a VERY short time, you'll be entitled to late penalties which are equal to your daily wage and run for as long as they're late (not to exceed 30 days).

Best of luck,

Ben

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Answered on 5/22/03, 8:46 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Paycheck held hostage against my job id card

if you would like to email me more information regarding the facts to your case, i may be able to further assist you or offer representation in this matter. thanks for your question.

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Answered on 5/22/03, 9:23 pm


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