I quit my job of 4 years on October 10th, the regular payday was the following week which I should have received my check but still haven’t got.
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I quit my job of 4 years on October 10th, the regular payday was the following week which I should have received my check but still haven’t got.
Under California law , what are my rights? I’ve heard it has to be issued to me 72 hours after I quit even without a noticed which I didn’t give. The regular scheduled payday has passed now more than 72 hours I called them and they it was sent via certified mail but gave no tracking number and even then I live 10 mins away I should have gotten it by now .
Asked on October 27, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You are correct: your check was due within 72 hours. Since they are now more than 2 weeks overdue in providing it and won't even respond to you, it's time to take action. You could file a complaint with your state department of labor (Division of Labor Standards) and/or file a lawsuit (e.g.in small claims court as your own attorney, if the amount--including any penalties (see below) at stake is less than the small claims limit; if more than the small claims limit, contact an employment lawyer and bring a suit in "regular" county court) for the money. Note that you may be entilted to a "waiting time" penalty: under your state's law, for each day they are late, you are entitled to another day of pay, up to a maximum of 30 additional days of pay. So at present, you appear as if you may already be eligible for an extra 2 weeks of pay.
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