1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Final Paychecl after Resignation

Discussion in 'Termination: Firing & Resignation' started by Miller M2, Jul 17, 2021.

  1. Miller M2

    Miller M2 Law Topic Starter New Member

    Messages:
    17
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    California
    Hi everyone! Well last Sunday 7/11/21… I gave my ex boss my resignation notice right after my shift ended. The reason I resigned is because she cut my hours drastically, so as soon she made the new schedule I questioned her why she cut my hours and she said because I was the only part time employee. That made me just quit on the spot. I wrote the notice and took a picture as my own copy and handed her the notice and I told her to send the last check to my mailbox…(it seems that she didn’t listened to me).. today I get a text from her saying that my check had been sitting there at the counter at the workplace this whole week for me to pick it up and if I wanted that check to be mailed to let her know.

    I know employers must make final paycheck available within 72 hours and it has been more than 72 hours.


    I didn’t answered her text because I already told her to mail it to me the day I resigned in the first place.

    Should I contact the labor commissioner’s dept? Or just wait for the check to get mailed. And get over it. I’m one of those persons that when I’m done with that workplace I don’t go back at all not even to pick up my last check, I always get it on my mailbox. Plus I have two more jobs so I am always busy and before I resigned I had 3 jobs but still I manage to ask for more hours at my 2 current jobs.


    Thanks in advanced.
    - M
     
  2. Tax Counsel

    Tax Counsel Well-Known Member

    Messages:
    2,205
    Likes Received:
    1,329
    Trophy Points:
    113

    She told you if you wanted it mailed, let her know. So if you don't want to go in and pick it up, tell her to mail it. If she does that then I'd say just move on. I don't see the state getting too worked up over what appears to be a simple problem of miscommunication.
     
  3. adjusterjack

    adjusterjack Super Moderator

    Messages:
    10,526
    Likes Received:
    3,890
    Trophy Points:
    113

    What are you, 10? Are you going to hold your breath and stamp your feet?

    For Pete's sake, either tell her to mail it or go get it. When you get it, look at the date. It was probably issued fairly soon after you resigned, making it "available" per law.

    smh.
     
    Red Kayak, cbg and justblue like this.
  4. zddoodah

    zddoodah Well-Known Member

    Messages:
    5,529
    Likes Received:
    1,655
    Trophy Points:
    113

    It's not clear from this whether you telling her to mail your check was part of the written notice or something you told her separately. Also, did you provide a mailing address when you did this?

    Well...you said that you quit at some unstated time on Sunday, July 11 and that the check was made available "this whole week," which implies it was made available sometime on Monday, July 12, which is well within 72 hours after you quit.

    About what?

    Given that you ignored the text, how do you expect the employer will know to mail it (although I'm sure that's what she'll eventually do if you continue to remain silent)?

    There's nothing to get over. At the absolute worst, your former employer made a clerical error. If you want the check to be mailed, respond to the text and ask for that. It's really quite simple.
     

Share This Page