Legal Question in Employment Law in California
final pay, how and when is it due??
recently quit with my last employer. They were supposed to issue me a final check plus an override of $330.00 both owners are claiming that I owe them money. I Dont owe them a dime.I have worked for them basically since the company started. Throughout the last 2 years I have maintained their computer predictive dialer(telemarketing computer) and their other computer network That involed me staying till the wee hours of 12:00am - 2:00am the next day.
this all occured since about june 15, 1997 and on.
I have never been compensated for it. They have only bought me a car ($600.00 cost), that is not even close to what they owe me in return for my services, this is why one of the owners is withholding my check. can they do this to me..
los angeles, ca
3 Answers from Attorneys
Re: final pay, how and when is it due??
Your final pay is due 72 hours after you quit unless you give 72 hours or more notice of your intention to quit. If you give such notice, your final pay is due immediately. No employer in California may deduct any amount from an employee's wages based upon an employee debt, unless the employee has authorized such deduction, in advance, in writing.
Re: final pay, how and when is it due??
File a complaint with the state Labor Commissioner. thhey will get your money.
Re: final pay, how and when is it due??
Also, look at your work hours. Employers are required to pay employees for all hours worked. If an employee works more than 40 hours in a work week, he/she is entitled to overtime compensation at one and one-half times the regular hourly rate. The labor commissioner handles overtime claims.
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