Legal Question in Employment Law in California
Final paycheck - eratic behavior of supervisor
An employee quits their job and according to Labor Law employer has 72 hours to issue final paycheck. The final paycheck has been taken ''hostage'' by eratic supervisor leaving a message with co-workers that if terminated employee comes for final check, they need to speak with him. Supervisor was informed via phone call to mail check to home. Check still has not arrived.
Date of termination 4/28/06
Final check 5/4/06 (next regular payday)
Went to get final check 5/9/06
Supervisor informed to mail check 5/10/06
Check still has not arrived.
It can be noted parent company (who issues checks) probably has no idea what the supervisor has done.
Please advise.
Thank you for your time.
1 Answer from Attorneys
Re: Final paycheck - eratic behavior of supervisor
If you gave more than 72-hours notice, then you were entitled to your check the day you quit. There is no excuse for this delay. I would contact the local office of the Division of Labor Standard Enforcement and file a claim. You are probably entitled to delay penalties as well.
If you wish to email me, I can send you a link where you can find the closest office to file yoru claim.
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