Legal Question in Employment Law in California
I live in Orange County, CA. I resigned from my position after two days of working. I did not request my final paycheck from my employer, nor was it ever offered to me. I sent a notice to my former employer of the situation on Feb. 9th, and I was told she held my paycheck in the store for two weeks after three days of my resignation because I never contacted her for it. My final day was on Dec. 28th, which allows them 3 days to pay me my final paycheck. I randomly received it in the mail on Feb. 10th, no previous attempts were made to collect it, which they could have sent to the labor commissioner or offered to me, but was not. Am I entitled to wait time, or not because I made no demand for my paycheck?
1 Answer from Attorneys
If you did not give at least 72 hours' notice, they had 72 hours after they knew you quit, to have your check ready AT the regular place of employment. You don't have to ask for it. If you can prove that they "willfully withheld" it beyond 72 hours, you are entitled to one day's pay for each day you had to wait - up to 30 days plus your attorneys' fees. If they had it ready for you to pick up within 72 hours of knowing you quit, you probably have a difficult case for waiting time penalties.
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