Legal Question in Workers Comp in California

I work for this Company, that pays by the unit, 35 cents per unit. no hourly wage, no sick time, no holiday time, no vacation time. Nothing except per unit pay. I have been working for this Company, for more than 13 years. I get a pay check on a monthly basis, through the mail. In the last 161 months, there has been three occasions (months) when my check did not arrive through the mail on time. Two of those times, when my pay check, did not arrive on time, have been within the last five months. As an employee, a long time employee, it seems to me, the only expectation I have with this Company, is being paid on time. It seems Lately that even this single expectation, is questionable. Is lost in the mail any body's responsibility?


Asked on 1/31/16, 4:57 am

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

No, if you have CONSENTED for 13 years to accept payment by uninsured, untracked regular mail, and there is a mailbox theft, it becomes your responsibility to notify the employer it must process a 'stop payment' and issue a replacement check. You do not sound like an employee, you sound like an independent contractor, with no withholding for the federal and state government. If so, a check for services from a recipient to a vendor via regular mail can be late and stolen, and it is the responsibility of the contractor to reach the payor about the check not arriving on schedule.

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Answered on 2/22/16, 2:54 pm


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