Legal Question in Employment Law in California
Getting the last paycheck
I gave an employer (fast food) 2 weeks notice. We agreed to let me work for an additional 2 weeks. The day after my last day of the 2 weeks, he told me he didn't need me anymore and that that day would be my last. He said my last paycheck will be mailed to my address. It has been 2 days and I asked him (over the phone) for my last paycheck (after I learned about the CA law that employers need to give the last check in 72 hours) he said ''If you want to do something then do it'' and told me I would not recieve the paycheck for another 9 days. What can I do about this? Would I need an attorney? Thank you in advance for any response.
2 Answers from Attorneys
Re: Getting the last paycheck
You do not need an attorney to acquire your last paycheck, you may go through the Department of Labor Standards Enforcement and file a claim.
However, I would be more than happy to speak to you about your legal rights in this regard, and tell you how to recover your paycheck and penalties that may be owed to you.
Please see our website at www.righettilaw.com and/or call me at (800) 447-5549.
Re: Getting the last paycheck
California employers must pay employees who quit with more than 72 hours notice on their last day of work. If an employee quits without notice, the check must be ready within 72 hours. Employees who are terminated must be paid upon termination.
Failure to pay a separating employee properly subjects the employer to a penalty of the employees daily wage for each day the wages remain unpaid up to a maximum of 30 days.
It sounds like you worked one day past your notice period. So either you quit with more than 72 hours notice or you were terminated. In either case you were entitled to payment of all wages on your last day of work.
File a claim with the State of California Labor Commissioner, Division of Labor Standards Enforcement (You will find the nearest office in the white pages of the phone book under State of California or at http://www.dir.ca.gov/)
They will colect the wages due and the penalties.
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