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CA is a "check in hand" state when it comes to separations. You should report it because they are required to pay you extra hours each day the check is late after the 72 hours when it comes to resignations. At this point that $40 could be a lot more by now.
Yup. A plaintiff's lawyer would snatch up that case. If they've done it to you, it's likely there are others.
You can hav the fine added to your check. They've already violated the law and are probably hoping you don't know any better.
They also want to mail me my check which I have not agreed to. I would rather pick it up at the store since it would be more convenient for me tomorrow. I have a trip this weekend and was hoping to have the check tomorrow like I had been told.
They might not act until then, but an employer is on the hook from day 1. Liabilities accrue immediately upon violation of the statute. It's essentially blind to motive or intent.
And I did give a notice. It's not like I said I'm outta here without any warning. If it was without warning I would have understood but I'm getting the runaround now. He said they only communicate by email with the office that does the checks.
Huh. If I remember from my last job they were able to print off a stub and give me a card for an earlier paycheck before the pay period. Granted I had been at the location for a few months before that happened so there were different circumstances.
Just tried calling them tonight and they denied that I had given them two week's notice. They said the guy I gave the notice to did not have authorization for that. They still need to figure out if the check was sent through the mail (haven't received it like I thought I did) Lost or possibly stolen if it was indeed sent in the mail? All the other paychecks were at the store based on my understanding.
Contact the DOL simply to find out if penalties would already apply.
With that info in hand, if penalties apply, call them back, and dictate to them that they need to have a manual check ready the next day for you to pick up at the store.
If penalties apply and they hear you called the DOL, their attitude will improve.
Once I worked for a small family owned company for a week and I knew it just wasn't going to work out. The next morning I very nicely and professionally told the owner that it wasn't really the right fit. I could tell she took it personally and said my check would be in the mail.
After three days I called to ask where it was she was rude and said well you're the one that quit and something to the effect there might not be a check ?
I replied, Oh really, Well I have to go because I'm calling the Labor Board right now, so you might hear from them.
I contacted the Labor Board and they said the check should arrive soon and no company wants to be in trouble with the Labor Board and it's a big deal if they are.
I got a vm from the owner saying the check was being Federal Expressed. I got the check right away.
They might not act until then, but an employer is on the hook from day 1. Liabilities accrue immediately upon violation of the statute. It's essentially blind to motive or intent.
But the carve out for new employees was intended for just this type of situation.
Look at these items:
I was hired then quit a second part time job a few days after working one day at the job.
I gave a two week's notice and I am an at will employee under California law.
I gave my notice on the 23rd of LAST month.
I handed them my uniform
Question, how do you give a two week notice if you quit and turned in your equipment the next day? That's a ONE DAY Notice! If the OP is insisting it was a TWO WEEK notice given on the 23rd, that means they ARE still working until this coming Sunday.
Sounds like the OP quit without notice within 1 day of employment which means they are still under the new employee exemption. Further, the two week and turning in the equipment could raise a legitimate basis for a dispute over facts. Under Mamika v. Barcawage, the CA Appeals Court put the end to imposing penalties on employers when a legitimate questions arises. Remember, there are almost one hundred cases that have defined how CA Labor Code is to be interpreted and applied. Since CA participates in the National Directory of New Hires it would be a conflict to impose immediate payment of wages on a quit by a new hire before CA can even determine if that new employee's wages must be seized.
Had the OP waited until after the end of the first payroll period, they would have had no problems getting the state to impose the waiting week penalties, but resigning the first day with a two weeks notice that hasn't even expired, yet quitingt he next day or was it a job abandonment, or....???????
But the carve out for new employees was intended for just this type of situation.
Look at these items:
I was hired then quit a second part time job a few days after working one day at the job.
I gave a two week's notice and I am an at will employee under California law.
I gave my notice on the 23rd of LAST month.
I handed them my uniform
Question, how do you give a two week notice if you quit and turned in your equipment the next day? That's a ONE DAY Notice! If the OP is insisting it was a TWO WEEK notice given on the 23rd, that means they ARE still working until this coming Sunday.
Sounds like the OP quit without notice within 1 day of employment which means they are still under the new employee exemption. Further, the two week and turning in the equipment could raise a legitimate basis for a dispute over facts. Under Mamika v. Barcawage, the CA Appeals Court put the end to imposing penalties on employers when a legitimate questions arises. Remember, there are almost one hundred cases that have defined how CA Labor Code is to be interpreted and applied. Since CA participates in the National Directory of New Hires it would be a conflict to impose immediate payment of wages on a quit by a new hire before CA can even determine if that new employee's wages must be seized.
Had the OP waited until after the end of the first payroll period, they would have had no problems getting the state to impose the waiting week penalties, but resigning the first day with a two weeks notice that hasn't even expired, yet quitingt he next day or was it a job abandonment, or....???????
Two weeks notice. Their decision to put me on the schedule or not for the remainder of the notice.
Two weeks notice. Their decision to put me on the schedule or not for the remainder of the notice.
Ah, butt hat is where you made the mistake. Under CA law, once they decided not to provide you with the work hours, they essentially terminated you. At that point, they owed you wages immediately (actually as a new hire I belive they have 3 days) and the law would have been on your side. However, under CA law, if you surrendered the tools you need to do your job (turned in uniform) before they asked for it, you quit. And, there could be a case made for job abandonment depending on the actual timing and exchanges between you and the employer. Job abandonment takes all the control and protections out of your hand and gives it to the employer.
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