What to fo if I resigned from a job over 2 years ago and have not received my last paycheck?

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What to fo if I resigned from a job over 2 years ago and have not received my last paycheck?

Is it plausible to sue for the amount owed, plus interest?

Asked on April 3, 2013 under Employment Labor Law, California

Answers:

John Gorman / John L. Gorman III, Attorney at Law

Answered 8 years ago | Contributor

You can call the Labor Commissoner (look in your local phone book, it is under "State" offices.)  Their services are free.  Do it now.  Two years is the Statute of limitations for oral contracts, although there may be a longer statute for employment issues.

kristine karila / Law Office of Kristine S. Karila

Answered 8 years ago | Contributor

You can sue, but you should not wait too much longer.    If you provided at least 72 hours' notice, your final paycheck, including all earned and unused vacation or PTO was due on your last day of employment.   If you did not give at least 72 hours' notice, your final paycheck was due within 72 hours after your last day.   Since your employer has not paid your final paycheck, you are entitled to the wages owed plus interest at 10% per annum plus 30 days' pay PLUS your attorneys' fees if you retain counsel to collect what is owed.    Many attorneys will  take your case at no cost to you and get paid from your former employer.   949-481-6909. 

Hong Shen / Roberts Law Group

Answered 8 years ago | Contributor

Did you contact HR? Write them a letter and ask why. Sometimes it works better that way than threatening a lawsuit.


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