Legal Question in Business Law in California

I quit my job on 9/2 without giving any prior notice. I worked half day on 9/2 an sent an email to the owners and acountant of my departure and calculations regarding my pay owed and stated to please may payment within 72 hours. I received a letter stating that they didn't owe me any money (due to errors on their end). I showed them proof that they did owe me money which was sent on 9/13. I called on 9/30 to find out if my final payment has been mailed to me and they stated "No, were investigating this matter". Would I be entitled to waiting time penalties? And if so, how much/what day would it start? My average daily wage is $120.

My concern is that per LC section 208 I was informed that since I didn't show up at my place of employement 72 hours later and demand my money, I wasn't entitled to waiting time penalties.


Asked on 9/30/09, 11:26 pm

1 Answer from Attorneys

Take a look at LC section 202. You are allowed to have it mailed to an address you designate. Furthermore, if they didn't have the check waiting for you at your place of work, it doesn't matter if you didn't show up or give them a mailing address. Lastly, the Labor Commission hearing officers are very pro-employee. So you can bet that any discrepancies will be resolved in your favor. Since they still haven't paid you, it seems, I'd file a wage claim with the Labor Commission ASAP and let them sort it out. I'd bet you get your waiting time penalties.

By the way, for the record, when I have practiced in labor law it has almost always been on management/owner side. We've gotten nailed so many times by the Labor Commission, I know of what I speak. You have the upper hand.

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Answered on 9/30/09, 11:42 pm


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