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last paycheck withheld

Discussion in 'Termination: Firing & Resignation' started by Swissmiss, Sep 17, 2001.

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  1. Swissmiss

    Swissmiss Law Topic Starter New Member

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    Here's the deal:
    I have been working for a security company for 5 years. 11 days ago I terminated that employment. Since I was enrolled in the Company's automatic payroll deposit program I waited for my check to be deposit. That never happend. After contacting my ex company about this, that told me I have to come into the office and pick it up, sign some forms and turn in my uniforms ( for which I deposit $100 at the beginning of employment), which is impossible to me due to my new long workhours.
    I also contacted the main office of the company about that, only to hear that this is Companies Policy.
    I looked up California Labor Law and it says that my final check is due within 74 hours of termination and has to be mailed to me , if adress is provided.
    I am a little confused now. Since my Ex Company told me that they are within their legal rights. Please Help!!!:confused:
     
  2. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    What "legal" right did they assert and what law are you citing? Did you sign an employment agreement?

    You need to identify what "paperwork" you need to complete that is preventing you from receiving what is rightfully yours. Apparently they have issued you a uniform amongst potentially other company assets which they would want returned and which typically are not returned by those who leave the company. Why didn't they give you the paperwork on the day of termination or sent it to you overnight?

    While this may not be the case, the "paperwork" story is typically a company's desire to have a leaving employee sign a non-disparagement, non-compete, non-discolusre, or a release of claim agreement. The release of claim is the most common, which states that you agree not to sue the company once you leave, usually in exchange for severance pay. However, it is unlawful to withhold your salary unless you sign this paperwork because, as a matter of logic, you are entitled to the money earned but not paid and the agreement to release the company from liablility would not be freely bargained for -- they are holding your paycheck hostage!
     
  3. Swissmiss

    Swissmiss Law Topic Starter New Member

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    Regarding your answer

    The Law I am refering to is the Californai Labor Law Section 200-243.. Quote:.... provided, however, that such reasonable time shall not exceed 72 hours, and further provided that payment shall be made by mail to any such employee who so requests
    and designates a mailing address therefor.
    I found this on the Internet. URL:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243

    I have no Idea, what paperwork they want me to sign.

    The check Is only about $300, (but well needed) and cerrtainly not worth hiring a lawyer.

    I have emailed my ex employer that I will file reports with the Department of Consumer affairs and the California Labor Department if my check isn't mailed to me by tommorow.

    Any other suggestion on what I could do to recover my check?
     
  4. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    I wouldn't file a complaint until you made a reasonable effort to resolve the matter with your employer. Also note that you terminated the employment, which changes the perspective to some degree. I don't know what the conditions of your employment were and whether they had any legal right to conduct the process that is presently occurring.

    At this point you don't even know what paperwork they are talking about. Why not just find out and resolve the matter if it's relatively trivial instead of spending far more of your time and also public resources? I also tend to find that you don't get very far with an agency or court if no reasonable effort is made to resolve something that should take a minimal effort.
     
  5. Swissmiss

    Swissmiss Law Topic Starter New Member

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    Ooops......Wrong button

    Hi postet my other massage wrong... so to anyone who's interessted how my "fairytale" ends;) please ready posted thread " GOOD NEWS" lol....:p
     

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