Legal Question in Employment Law in California

Good afternoon,

This is a salary question:

I get paid every 5th and 20th of the month. Since, I have direct deposit I may get my check deposited in my account a day earlier. Last November 2009, I did not receive my check that was to hit my checking account on the 20th of November until December 8th. Thats 18 days over my initial pay date.

The HR manger gave me an excuse of a glitch in the system and that someone in corporate was fixing it. I called corporate myself and left them a voicemail but, did not hear from them back. During the 18 days of waiting I was not offered a voucher for their mistake. Mind you, my direct deposit has been in place almost since I stated working for the company 20 years ago. So I am not understanding how they could have left me without any funds.

Is this legal?

- Unhappy employee


Asked on 2/03/10, 12:48 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

No, it is not legal but if it was a one time event, I don't believe it would be worth filing a complaint with the Labor Commissioner over. The penalties for a first offense are minor and you could sour your 20 year relationship with this employer for taking action. Nevertheless, if it is that important to you, the California Labor Commissioner's office is the agency to complain to.

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Answered on 2/08/10, 2:59 pm


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