Legal Question in Employment Law in California

I think I am being cheated on my pay
At work we use an electronic payroll system. The pay periods are biweekly. From my understanding, we are paid the two weeks prior to the Friday we receive our checks. My last day of work was last week. I have approved on my electronic timesheet three weeks of pay but I have been paid for two weeks of pay.
The pay periods on the electronic time sheet are defined as
1/02/05 to 1/15/05 (for a paydate of 1/21) and 1/16/05 to 1/29/05 (for a paydate of 2/3). They are saying that I have been paid already for the week of 1/7. I'm questioning this because our HR has been shady in the past, i.e. altering someone's W-2 form after the person has submitted it to HR, and what they are saying is inconsistent to what's on paper.

Asked on 1/25/05, 7:09 pm

2 Answers from Attorneys

Thomas Pavone Pavone & Cohen

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Re: I think I am being cheated on my pay

Your pay stub will detail the specific pay period for which you are paid. Compare the time sheets to the pay stubs and if there is any period that you worked that is not specified on the pay stubs, make a demand for the specific days and hours that are unpaid. If the employer delays you can seek penalties of up to 30 days pay for failure to pay you in full for all wages due at the time of your separation. If you are certain that you are due wages and the employer fails to pay after demand, file a claim with the Department of Labor Standards Enforcement, a State of California agency that will be listed in your phone book or on the Web at http://www.dir.ca.gov/

Answered on 1/27/05, 1:33 am

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