Previous employer withheld a paycheck from me, does that entitle me to compensation?
11-26-2012, 05:52 PM
#1
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Previous employer withheld a paycheck from me, does that entitle me to compensation?
So basically, the gist of the story is as follows: I found out last week from a former co-worker that there is a check in their safe with my name on it. The manager at the store thought the envelope was just a receipt from my direct deposit, and didn't feel it was necessary to drop it in the mail for me or notify me about it. After my co-worker hit me up about it, I asked her to open it up for me to see if it indeed was a check. It was, but only amounted to about $65, probably for the very last day that I worked. However, I was given my final pay on that last day, so I'm not sure why they didn't include that amount, or if maybe it's an error on their part.
My former manager at this employer(not the one that currently works there), who I am still good friends with, told me that I could sue the company for withholding my final pay. He told me that since they didn't give him his final pay on his last day, they ended up having to pay him for 4 extra days of work. I researched it and found that your employer is responsible by law to pay you your final pay within 48 hours if you resign. If they fail to do so, they must pay you for each day outside of the 48 hours, until you receive your payment, for up to 30 days. It has definitely been over 30 days since I quit, so I'm looking at approximately $3k before taxes if this is true.
My first main concern is that the company will mostly likely claim that it was an error on their part and that it was covered in my final pay. Would they be able to void that check? I am currently searching high and low for my receipt of my final pay, but I can't find it... am I screwed?
Any input would be greatly appreciated!
My former manager at this employer(not the one that currently works there), who I am still good friends with, told me that I could sue the company for withholding my final pay. He told me that since they didn't give him his final pay on his last day, they ended up having to pay him for 4 extra days of work. I researched it and found that your employer is responsible by law to pay you your final pay within 48 hours if you resign. If they fail to do so, they must pay you for each day outside of the 48 hours, until you receive your payment, for up to 30 days. It has definitely been over 30 days since I quit, so I'm looking at approximately $3k before taxes if this is true.
My first main concern is that the company will mostly likely claim that it was an error on their part and that it was covered in my final pay. Would they be able to void that check? I am currently searching high and low for my receipt of my final pay, but I can't find it... am I screwed?
Any input would be greatly appreciated!
11-26-2012, 06:07 PM
#5
Waiting Time Penalty
The waiting time penalty allows an employee to collect penalties up to 30 days for every day a final paycheck was not issued. The calculation for the penalties accrues by the amount of regular hours and pay earned by the employee. For example, an employee works 35 hours a week at $10 an hour. Thirty-five hours would be divided by five days to equal seven hours worked per day. If the employer waited 20 days to issue the final paycheck, they would owe 20 days times seven hours at $10 an hour equaling a waiting time penalty of $1,400.
Read more: California Final Paycheck Law | eHow.com California Final Paycheck Law | eHow.com
The waiting time penalty allows an employee to collect penalties up to 30 days for every day a final paycheck was not issued. The calculation for the penalties accrues by the amount of regular hours and pay earned by the employee. For example, an employee works 35 hours a week at $10 an hour. Thirty-five hours would be divided by five days to equal seven hours worked per day. If the employer waited 20 days to issue the final paycheck, they would owe 20 days times seven hours at $10 an hour equaling a waiting time penalty of $1,400.
Read more: California Final Paycheck Law | eHow.com California Final Paycheck Law | eHow.com
11-26-2012, 06:09 PM
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That being said, I could always use $3k... lol
11-26-2012, 06:42 PM
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I guess that is really my big question at this point: Even if it is a mistake on their part, are they still required by law to pay that paycheck?
To word it differently... if you are given a check by an employer and it turns out that it was given by mistake, are you still entitled to that paycheck?
To word it differently... if you are given a check by an employer and it turns out that it was given by mistake, are you still entitled to that paycheck?
11-26-2012, 06:51 PM
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So basically, the gist of the story is as follows: I found out last week from a former co-worker that there is a check in their safe with my name on it. The manager at the store thought the envelope was just a receipt from my direct deposit, and didn't feel it was necessary to drop it in the mail for me or notify me about it. After my co-worker hit me up about it, I asked her to open it up for me to see if it indeed was a check. It was, but only amounted to about $65, probably for the very last day that I worked. However, I was given my final pay on that last day, so I'm not sure why they didn't include that amount, or if maybe it's an error on their part.
My former manager at this employer(not the one that currently works there), who I am still good friends with, told me that I could sue the company for withholding my final pay. He told me that since they didn't give him his final pay on his last day, they ended up having to pay him for 4 extra days of work. I researched it and found that your employer is responsible by law to pay you your final pay within 48 hours if you resign. If they fail to do so, they must pay you for each day outside of the 48 hours, until you receive your payment, for up to 30 days. It has definitely been over 30 days since I quit, so I'm looking at approximately $3k before taxes if this is true.
My first main concern is that the company will mostly likely claim that it was an error on their part and that it was covered in my final pay. Would they be able to void that check? I am currently searching high and low for my receipt of my final pay, but I can't find it... am I screwed?
Any input would be greatly appreciated!
My former manager at this employer(not the one that currently works there), who I am still good friends with, told me that I could sue the company for withholding my final pay. He told me that since they didn't give him his final pay on his last day, they ended up having to pay him for 4 extra days of work. I researched it and found that your employer is responsible by law to pay you your final pay within 48 hours if you resign. If they fail to do so, they must pay you for each day outside of the 48 hours, until you receive your payment, for up to 30 days. It has definitely been over 30 days since I quit, so I'm looking at approximately $3k before taxes if this is true.
My first main concern is that the company will mostly likely claim that it was an error on their part and that it was covered in my final pay. Would they be able to void that check? I am currently searching high and low for my receipt of my final pay, but I can't find it... am I screwed?
Any input would be greatly appreciated!
1) So based on what you are saying you were indeed paid out a Final Paycheck from this company.
2) Then the only reason you actually know of their being anything beyond that check is due to a former coworker notifying you of that check.
3) Then the former coworker has to open a sealed envelope to view the contents to see that it is for the $65.00 amount.
It seems to me that the company already paid you out for any amounts they may have owed you if they cut that final check to you. With the former coworker opening a sealed document (if it was in a sealed letter then that could possibly constitute mail theft even though they were provided permission from the recipient of the letter).
You could try seeing if you can find out what that amount was for from the former company, but it seems like you may lose if you did try to sue as it isn't like they didn't pay you out, they did actually provide a final check to you per your statement above. Unless records can be shown that the amount was incorrect for the final check.
Is your former coworker someone form HR? If not, why do they know about this check that was in a company safe?
11-26-2012, 06:51 PM
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Get your time card. I demand a copy of my time card with every paycheck. Than they go in my fireproof safe. I hold onto them for 3 years than shred them.
I once got shorted on a paycheck by 40 hours. The office's copy did not match mine however mine was signed by the boss stating I had worked said hours. The office refused to pay. Threatened to Sue and demanded compensation for them taking 2 weeks to figure it out. The gave me 50 hours pay cash. Folding money.
I once got shorted on a paycheck by 40 hours. The office's copy did not match mine however mine was signed by the boss stating I had worked said hours. The office refused to pay. Threatened to Sue and demanded compensation for them taking 2 weeks to figure it out. The gave me 50 hours pay cash. Folding money.
11-26-2012, 06:56 PM
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I guess that is really my big question at this point: Even if it is a mistake on their part, are they still required by law to pay that paycheck?
To word it differently... if you are given a check by an employer and it turns out that it was given by mistake, are you still entitled to that paycheck?
To word it differently... if you are given a check by an employer and it turns out that it was given by mistake, are you still entitled to that paycheck?
simple answer NO.
Why would you be entitled to money that you didnt earn?
now if you have hours on their books and they owe you for said hours then it wouldn't be a mistake unless issued early and well your not an employee any more so thats not the case right.
11-26-2012, 07:02 PM
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1) So based on what you are saying you were indeed paid out a Final Paycheck from this company.
2) Then the only reason you actually know of their being anything beyond that check is due to a former coworker notifying you of that check.
3) Then the former coworker has to open a sealed envelope to view the contents to see that it is for the $65.00 amount.
It seems to me that the company already paid you out for any amounts they may have owed you if they cut that final check to you. With the former coworker opening a sealed document (if it was in a sealed letter then that could possibly constitute mail theft even though they were provided permission from the recipient of the letter).
You could try seeing if you can find out what that amount was for from the former company, but it seems like you may lose if you did try to sue as it isn't like they didn't pay you out, they did actually provide a final check to you per your statement above. Unless records can be shown that the amount was incorrect for the final check.
Is your former coworker someone form HR? If not, why do they know about this check that was in a company safe?
2) Then the only reason you actually know of their being anything beyond that check is due to a former coworker notifying you of that check.
3) Then the former coworker has to open a sealed envelope to view the contents to see that it is for the $65.00 amount.
It seems to me that the company already paid you out for any amounts they may have owed you if they cut that final check to you. With the former coworker opening a sealed document (if it was in a sealed letter then that could possibly constitute mail theft even though they were provided permission from the recipient of the letter).
You could try seeing if you can find out what that amount was for from the former company, but it seems like you may lose if you did try to sue as it isn't like they didn't pay you out, they did actually provide a final check to you per your statement above. Unless records can be shown that the amount was incorrect for the final check.
Is your former coworker someone form HR? If not, why do they know about this check that was in a company safe?
I'm still curious to know that even if it is a mistake on their part, if I can still be compensated legally.
If anything, this is just a great example of the unprofessionalism in management at that store. It's a retail store, so any keyholder or manager has access to the safe. It frustrates me that she knew about the envelope in the safe since I left at the end of July and neglected to notify me. She has my number, she has my email, she could have let know.
11-26-2012, 07:06 PM
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what your asking is if said company by mistake issues you a check is that check yours?
simple answer NO.
Why would you be entitled to money that you didnt earn?
now if you have hours on their books and they owe you for said hours then it wouldn't be a mistake unless issued early and well your not an employee any more so thats not the case right.
simple answer NO.
Why would you be entitled to money that you didnt earn?
now if you have hours on their books and they owe you for said hours then it wouldn't be a mistake unless issued early and well your not an employee any more so thats not the case right.
Last edited by McLovinMyWRX; 11-26-2012 at 07:11 PM.
11-26-2012, 07:27 PM
#14
Sounds like you are trying every way to scam the company. If you truly want to make sure you were paid correctly, take a look at your last paycheck stub and see if you were paid correctly.
If you don't have it or know how to get it, let this be a life lesson for the next time.
Another way to look at this, you said this company is unethical and this former worker had your contact info and didn't tell you. How do you know that something didn't happen to this former worker and you are being setup? Sounds like you need the money, there is a check for you in a sealed envelope in a safe. Sounds like a good movie.
Only way to really know if you are owed money, get the final paycheck stub and see for yourself.
If you don't have it or know how to get it, let this be a life lesson for the next time.
Another way to look at this, you said this company is unethical and this former worker had your contact info and didn't tell you. How do you know that something didn't happen to this former worker and you are being setup? Sounds like you need the money, there is a check for you in a sealed envelope in a safe. Sounds like a good movie.
Only way to really know if you are owed money, get the final paycheck stub and see for yourself.
11-26-2012, 07:50 PM
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Sounds like you are trying every way to scam the company. If you truly want to make sure you were paid correctly, take a look at your last paycheck stub and see if you were paid correctly.
If you don't have it or know how to get it, let this be a life lesson for the next time.
Another way to look at this, you said this company is unethical and this former worker had your contact info and didn't tell you. How do you know that something didn't happen to this former worker and you are being setup? Sounds like you need the money, there is a check for you in a sealed envelope in a safe. Sounds like a good movie.
Only way to really know if you are owed money, get the final paycheck stub and see for yourself.
If you don't have it or know how to get it, let this be a life lesson for the next time.
Another way to look at this, you said this company is unethical and this former worker had your contact info and didn't tell you. How do you know that something didn't happen to this former worker and you are being setup? Sounds like you need the money, there is a check for you in a sealed envelope in a safe. Sounds like a good movie.
Only way to really know if you are owed money, get the final paycheck stub and see for yourself.
I think it's funny how all these people who don't even know me are making judgment calls on my ethics. Yep, you got me. I'm just a poor-old scam artist just looking to make a penny or two. Dude seriously, get out of here with that. I guess that's what I get for posting on a public forum
The reason why I am pursuing this so hard (and by hard, I mean instead of just disregarding it because like you have all mentioned, it is JUST $65), like mentioned previously is purely based on principle alone. This company has seriously stepped all over its employees in more ways than one. If a company you worked for treated their employees like sh*t, wouldn't you want to cash in on their mistake and make them pay? If you answered no, then you are just lying to yourself
damn, ya'll are acting like I'm trying to scam people like CaliSuby lol