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Old 05-18-2012, 02:38 PM
Status: "It's time to take back America!" (set 4 days ago)
 
Location: Santa Maria, CA
3,683 posts, read 5,904,875 times
Reputation: 766
Default Previous employer refused to pay last wage and also did not pay me within 72 hrs of termination....

My previous employer terminated me over calling sick and no one getting the message I called in sick. I was planning on giving my two week notice in 3 days. I get up early in the morning and find out I've been replaced because they thought I quit.

I ask for my final check and the employer refuses to give it to me.

The Labor Commission says I will win the case, so I am wondering how much is the wage penalty?

They told me everyday or something after the 72 hrs they owe me money in wage penalty.

Also, they may also owe me money in overtime pay I did not receive and that could also be an extra charge to them, but the person working my case said it wouldn't be much anyways because I didn't have much overtime. The records will prove how much overtime pay I was owned and I think the claim will ask for the overtime pay and doubled.

Last edited by the city; 05-18-2012 at 03:14 PM..
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Old 05-18-2012, 02:40 PM
 
Location: Nassau, Long Island, NY
15,734 posts, read 15,971,139 times
Reputation: 6376
Quote:
Originally Posted by the city View Post
My previous employer terminated me over calling sick and no one getting the message I called in sick. I was planning on giving my two week notice in 3 days. I get up early in the morning and find out I've been replaced because they thought I quit.

I ask for my final check and the employer refuses to give it to me.

The Labor Commission says I will win the case, so I am wondering how much is the wage penalty?

They told me everyday or something after the 72 hrs they owe me money in wage penalty.

Also, they may also owe me money in overtime pay I did not receive and that could also be an extra charge to them.
We need to know what state you're in to answer your questions most accurately.
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Old 05-18-2012, 03:04 PM
Status: "It's time to take back America!" (set 4 days ago)
 
Location: Santa Maria, CA
3,683 posts, read 5,904,875 times
Reputation: 766
Quote:
Originally Posted by I_Love_LI_but View Post
We need to know what state you're in to answer your questions most accurately.
California.
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Old 05-18-2012, 03:08 PM
 
Location: Nassau, Long Island, NY
15,734 posts, read 15,971,139 times
Reputation: 6376
Quote:
Originally Posted by the city View Post
California.
You're in luck! California is one of the best states when it comes to protecting employees against unfair employers.

I'm from NY, so I don't know the particulars you are asking, but hopefully someone from California will see this thread and be able to answer you.
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Old 05-18-2012, 04:10 PM
 
Location: California
4,404 posts, read 4,900,418 times
Reputation: 2990
Quote:
Originally Posted by the city View Post
My previous employer terminated me over calling sick and no one getting the message I called in sick. I was planning on giving my two week notice in 3 days. I get up early in the morning and find out I've been replaced because they thought I quit.

I ask for my final check and the employer refuses to give it to me.

The Labor Commission says I will win the case, so I am wondering how much is the wage penalty?

They told me everyday or something after the 72 hrs they owe me money in wage penalty.

Also, they may also owe me money in overtime pay I did not receive and that could also be an extra charge to them, but the person working my case said it wouldn't be much anyways because I didn't have much overtime. The records will prove how much overtime pay I was owned and I think the claim will ask for the overtime pay and doubled.
CAl law requires payment of wages immediately upon termination ort within 72 hours of a resignation, unless that resignation was with a notice equal to the length of a pay period. (If you are paid weekly, a week notice, etc.)

If your employer has not paid you at this time, you are in fact in luck. You need to request this payment, and also do some sort of formal demand letter for your wages. In this letter, mention the original date on which you requested your formal wages and ask for them again. (Not sure if you have file the claim yet or merely talked to the Labor Board) At this point, if the employer does or does not comply with the demand letter and pays you or not, you proceed to filing with the labor board. Call them to find out which office you file with, as it is not always the one you would think. (You say you are on the Central Coast? That is a big area...what part?)

CA pays a waiting time penalty equal to 1 day's average wages for each day that you are denied wages up to a 30 day maximum. If you worked fulltime, it will be based on 8 hours of work. If you worked less or a varied schedule, the average number of hours worked per day will be used for the calculation. This is why the demand letter is important, starting the 30 day penalty period. It proves, by demanding payment, that you were not paid and stlll have not been paid. It also shows that you asked to be paid, as while the law is clear that upon termination or 72 hours of a quit without notice (which they could decide is what you did) it is also clear that the employer needs to have done so knowingly. SOmetimes that is interpreted as the employer should know the law...but other times I have seen the Labor Board use the "demand date" for wage payment as the time in which to claim the waiting time.


Overtime pay is generally paid to the person as accrued and is used to also show the claim that there is an issue with a waiting time penalty.
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Old 05-19-2012, 12:42 AM
Status: "It's time to take back America!" (set 4 days ago)
 
Location: Santa Maria, CA
3,683 posts, read 5,904,875 times
Reputation: 766
I asked verbally from the manager for my final wage when they terminated me. He refused. That same day I sent in a claim to Santa Barbara office.

I will write a letter stating to Vons that they should have payed me upon termination and is time for them to pay.

However, the law is clear. They should have payed me my last wage when I was terminated. It has been a full week and pass the pay period.
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Old 05-19-2012, 12:55 AM
 
Location: California
4,404 posts, read 4,900,418 times
Reputation: 2990
Quote:
Originally Posted by the city View Post
I asked verbally from the manager for my final wage when they terminated me. He refused. That same day I sent in a claim to Santa Barbara office.

That is good. And it does document that you had an issue.

I will write a letter stating to Vons that they should have payed me upon termination and is time for them to pay.

However, the law is clear. They should have payed me my last wage when I was terminated. It has been a full week and pass the pay period.
Yes, the law is clear with regard to them owing you the final pay and overtime and you will have no trouble recovering those wages. However waiting time penalties are not guaranteed, rather they need to be found applicable in your situation. The first thing your employer may try is to tell you (or the labor board) they were not aware of any issues with your final pay. Telling them there is an issue, and doing so in writing, proves that you in fact did tell them. I went through the labor board, and won, with a company that made an error, I told them about it, and they did nothing. They then tried to claim I had not told them so as far as they knew their computations were correct. I sent them the letter 4 days after the date that I quit and received the incorrect final pay. The Labor Board used the date I sent them the letter via email as the date that they were informed as even though I told them on the day I left, the company claimed otherwise. The kicker is that while they were claiming I was not owed money, and did not tell them that they owed me money, they also admitted (and sent a check) stating that their calculations were wrong. Even with this information, the labor board used the date of my demand letter and not my final day of work in order to compute the waiting time penalty, as the date of the letter was the date on which I could prove both parties, myself and the company, were aware of the pay issue.

It is wise to remember that you are already dealing with a company that refused to pay your final wages. Lying about the circumstances to keep themselves out of trouble isn't something unforseeable. If the company isn;t above board with final pay laws, it is more than a little likely they will play fast and loose with the truth to the labor board. It is a he said she said situation. The more proof you have the better. They will claim all sorts of things. If you can prove a demand for payment, and a date, it makes it harder for them to claim you didn't request payment.

There is a sticky little rule in the process that requires the employee to request their wages prior to activating the waiting time penalty in some situations. The employee is required to attempt to mitigate damages and apparently some have tried to get the maximum waiting time penalty by allowing the 30 days to pass before requesting the money. So, despite the fact that the law is clear, the more proof you have of their actions, and your attempt to claim the money you are owed, the less likely you are to go through hearings and appeals before you get your money.

Last edited by thebunny; 05-19-2012 at 01:08 AM..
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Old 05-19-2012, 01:17 AM
Status: "It's time to take back America!" (set 4 days ago)
 
Location: Santa Maria, CA
3,683 posts, read 5,904,875 times
Reputation: 766
Quote:
Originally Posted by thebunny View Post
Yes, the law is clear with regard to them owing you the final pay and overtime and you will have no trouble recovering those wages. However waiting time penalties are not guaranteed, rather they need to be found applicable in your situation. The first thing your employer may try is to tell you (or the labor board) they were not aware of any issues with your final pay. Telling them there is an issue, and doing so in writing, proves that you in fact did tell them. I went through the labor board, and won, with a company that made an error, I told them about it, and they did nothing. They then tried to claim I had not told them so as far as they knew their computations were correct. I sent them the letter 4 days after the date that I quit and received the incorrect final pay. The Labor Board used the date I sent them the letter via email as the date that they were informed as even though I told them on the day I left, the company claimed otherwise. The kicker is that while they were claiming I was not owed money, and did not tell them that they owed me money, they also admitted (and sent a check) stating that their calculations were wrong. Even with this information, the labor board used the date of my demand letter and not my final day of work in order to compute the waiting time penalty, as the date of the letter was the date on which I could prove both parties, myself and the company, were aware of the pay issue.

It is wise to remember that you are already dealing with a company that refused to pay your final wages. Lying about the circumstances to keep themselves out of trouble isn't something unforseeable. If the company isn;t above board with final pay laws, it is more than a little likely they will play fast and loose with the truth to the labor board. It is a he said she said situation. The more proof you have the better. They will claim all sorts of things. If you can prove a demand for payment, and a date, it makes it harder for them to claim you didn't request payment.

There is a sticky little rule in the process that requires the employee to request their wages prior to activating the waiting time penalty in some situations. The employee is required to attempt to mitigate damages and apparently some have tried to get the maximum waiting time penalty by allowing the 30 days to pass before requesting the money. So, despite the fact that the law is clear, the more proof you have of their actions, and your attempt to claim the money you are owed, the less likely you are to go through hearings and appeals before you get your money.
The letter is in the mail box right now
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Old 05-19-2012, 01:21 AM
 
Location: California
4,404 posts, read 4,900,418 times
Reputation: 2990
Keep a copy. The Labor Board will call you and the employer to attempt to solve this without the need of a hearing (probably). The letter will help you. Also, when you filled out the form it asked the date on which you requested final pay (it asked you if you had requested the money, yes/no and if "yes" when) make sure you tell the labor board person to ammend your claim with the 2nd in writing demand.
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Old 05-19-2012, 01:22 AM
Status: "It's time to take back America!" (set 4 days ago)
 
Location: Santa Maria, CA
3,683 posts, read 5,904,875 times
Reputation: 766
I clocked in, but never clocked out when I went in to find out I was terminated. The time clock will show that. And I will mention that if needed. Also, everything in the store is recorded. Video recordings will show I was in the store.
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