Final Check was refused.
UPDATED: Oct 1, 2022
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Final Check was refused.
I worked as an employee at a food store last month; I also quit because I found out the job was not for me. I emailed them on the 17th and stated that I quit the job and no longer want to work for them. They then called me the same day and left a voicemail saying that they do not accept emails. I then emailed them again on the 20th and I told them again that I am no longer working there and that I have already told them 3 days ago that I resigned, I also said in the same email my address and asked them to mail me my final check. They called again and said they do not accept emails. I then got an email on the 27th from them telling me that they do not receive emails from employees at this email address and that I need to come in and write a letter of resignation for them as well as sign paperwork to receive my final check. In California when an employee quits a job there check is supposed to be given to them by 72 hours. I asked them to mail it so I knew it would be at least 5 days tops for it to come to me. They never mailed it. I went into my old work on the 27th before I could even talk to anyone I had to write a letter of resignation. Then I was finally able to talk to someone. The guy that I was talking to I told him straight up that I want my check and I am leaving I do not need to sign anything. He then tried to tell me I have to sign to get my check after telling him that is illegal he sat down grunted a few times and his demeanor became hostile. I have a copy of the paperwork that they tried to get me to sign I did receive my check but only after they tried to make me jump through hoops and only after I told them it was illegal to withhold my check form me which they already did so. It says that I did not come into work on the 15th and that its considered a walk off, that is true i did not come in and it was a no call no show valid for termination. In which they have on this termination paper on the 27th, even thogh i told them that I quit on the 17th and I did not show up for work on the 15th or 16th which they marked as a no-call/no-show and marked it as a voluntary quit. If I am not mistaken that means that I was terminated/quit officially either on the 15th or 16th of august, as they have it on my termination paper. I am just wondering if there is any legal action I can take against them for with holding my check until the 27th. Roughly 10 days after I emailed them about me quitting my job i was also never told my check was available.
Asked on September 4, 2018 under Employment Labor Law, California
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
You could likely file a complaint with the state agency - The Division of Labor Standards - for how they treated you but you do not have any "damages" here, meaning you were paid your late funds and nothing bad resulted therefrom as far as I can see. Here is the link. Good luck.
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