(California) I signed up for a full time job with an agreement to be paid hourly. However, after two days of work I decided this wasn't the right job for me, so I quit. I have two days of work documented in a punch card at their office. I am reasonably certain I am entitled to money from the two days of work, but in case I never receive the money by the end of the pay period (at the end of this month), I'm concerned about how to go about getting my money.
Should I contact the Department of Labor? Are there any specific laws I can cite to the company to show them they owe me money?
2007-10-17
16:11:16
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6 answers
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asked by
franksvalli
2
in
Business & Finance
➔ Careers & Employment
➔ Law & Legal
The employer just seems to be very shady. He's sent me an email explaining he'll mail the termination papers, but there's no word of the pay I'm owed.
Hopefully it's just worrying over nothing, but I just want to be ready for anything.
2007-10-17
16:19:49 ·
update #1
Here's a good answer:
http://www.lawguru.com/cgi/bbs/message.php?i=756119626
Information on how to file a wage claim:
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
How much notice did you give them? It looks like you have to give 72 hours notice.
Labor Code Sections:
202. (a) If an employee not having a written contract for a
definite period quits his or her employment, his or her wages shall become due and payable not later than 72 hours thereafter, unless the employee has given 72 hours previous notice of his or her intention to quit, in which case the employee is entitled to his or her wages at the time of quitting. Notwithstanding any other provision of law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting.
203. If an employer willfully fails to pay, without abatement or
reduction, in accordance with Sections 201, 201.5, 202, and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefor is commenced; but the wages shall not continue for more than 30 days. An employee who secretes or absents himself or herself to avoid payment to him or her, or who refuses to receive the payment when fully tendered to him or her, including any penalty then accrued under this section, is not entitled to any benefit under this section for the time during which he or she so avoids payment.
Suit may be filed for these penalties at any time before the
expiration of the statute of limitations on an action for the wages from which the penalties arise.
Question: How long ago did you quit?
2007-10-18 02:17:56
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answer #1
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answered by Princess Leia 7
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In CA, they have 24 hours to pay you if they terminate you, and 72 hours to pay you if you quit. Getting paid at the end of the month is nonsense.
If you don't get paid, contact the dept of labor at www.dol.gov. They will file a complaint and audit the company's payroll records on your behalf. You can also find the "wage order" on their site that pertains to your industry - hospitality, retail, etc. - which delineates the laws about how employees are to be paid, what rest periods they are entitled to, and so on.
Good luck.
2007-10-18 04:35:34
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answer #2
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answered by Mel 6
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Once employment is terminated (whether you quit or are fired), per CA state law, the employer must pay you within 48 hours for any time worked.
An employer is required to either provide you the paycheck in person or email it w.in 48 hours.
2007-10-17 17:13:07
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answer #3
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answered by trippedits 3
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Yes, they will send you a check for the hours the two days you worked minus the Federal, Medicare, SS, State, City, and County taxes. You need\d to do nothing. You will receive your check about two - three days after they issue checks to your former associates.. That pesky snail mail will be the delay.
2007-10-17 16:23:15
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answer #4
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answered by Tigger 7
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Yes they are required to pay you for the two days. Do you have some reason to think that they won't? You might be worrying over nothing.
2007-10-17 16:16:02
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answer #5
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answered by Judy 7
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Yes they have to pay you. They will more likely send it in the mail.
2007-10-17 16:17:50
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answer #6
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answered by Anonymity 5
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