Legal Question in Employment Law in California

Hello, and thank you for taking the time to review and consider my question. I sincerely appreciate that lawyers are taking time to answer the general public's legal questions.
I was discharged from my employment in October 2009, from a large delivery company with lots of brown trucks. After my discharge, I was sent a letter from company payroll that several paychecks that had been issued had gone stale. Apparently these checks were placed in a winter uniform pocket, and forgotten about. The checks ended up being washed, or lost.
Payroll stated that the stale checks have now been canceled. Which is fine and normal.
However, when I contacted payroll to have new checks reissued, they told me that if I don't return the old checks, they won't replace them with new checks.
I don't have the old checks anymore as explained above. I wrote a letter to payroll explaining that the old checks are either destroyed or lost.
They are no longer responding, and It's been just over 4 months since I was discharged, and I have still not even received my final paycheck for the last week I worked!
Since I am a union member (my union has made several attempts and they aren't getting any response), the California Labor Enforcement folks have said they can't help me since I'm covered by a union contract.
What can I do ???
Is this something that small claims court will handle?

Asked on 3/16/10, 9:29 pm

Elizabeth Karnazes New York Offices of Elizabeth Karnazes

0 users found helpful

0 attorneys agreed

You can use, but your union rep should be handling this.

Answered on 3/22/10, 4:46 pm

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