Legal Question in Civil Litigation in California
Last Paycheck
I worked for this company, Floorserve, and I did not receive a paycheck after my first two weeks. I received my first paycheck after a month of work. I put in my two week notice and I was expecting a pay check after two weeks of my last day. I was wondering what action, if any, could be taken to get my last paycheck. I called the company and they told me that the last paycheck I got was the last paycheck. Thank you for your time.
3 Answers from Attorneys
Re: Last Paycheck
We can help you recover the wages that you were not paid. Have you made a complaint the State of California? Please call me if you have any other questions.
Re: Last Paycheck
Your employer owes you for every day you worked, unless you meet certain exceptions which are too lengthy to post here. If an employer fails to pay your last paycheck, they are liable and a civil penalty attaches known as "waiting time" penalties. It is described in Labor Code section 203. Basically, everyday that employer fails to pay you your last paycheck is another day of pay he owes you, up to 30 days.
Going to the labor commissioner is one remedy. They will also pursue the employer, or you can hire a civil attorney, but you can't have both.
Very truly yours,
Re: Last Paycheck
File your claim for unpaid wages and penalties with the Labor Commissioner.