Legal Question in Civil Litigation in California

Last Paycheck Intentionally Delayed

Hello,

I quit my job on Sep 1, 2006. I asked that the last paycheck be mailed to me. By law in California it is supposed to be mailed within 72 hours. However, it took several repeated written requests to finally get them to mail the paycheck on Sep. 22, 2006. I think that I am entitled to be compensated for my inconvinience ( quote form state of CA website below). However the total amount of compensation might only be $1000-1200. My question is this:

If I hire a lawyer to represent me will the lawyer fees be higher than the actual compensation I might get? Is there anyway to hire a lawyer for this case so that I do not end up with a net loos (compensation -lawyer fees)? In particular, if you are a CA lawyer and you think you can represent me in a way which would not lead to a net financial loss please let me know.

Thanks.

http://www.dir.ca.gov/dlse/FAQ_Paydays.htm

An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee�s daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. Mamika v. Barca (1998) 68 Cal.App4th


Asked on 9/22/06, 2:58 pm

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Last Paycheck Intentionally Delayed

File a complaint in person with the Office of the State Labor Commissioner, Division of Labor Standards Enforcement (they are at the nearest state office building). Often they will sue on your behalf for the penalty, at no cost to you.

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Answered on 9/26/06, 8:51 pm


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