What are my options to obtaining my final paycheck?

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What are my options to obtaining my final paycheck?

I quit my job in the middle of my scheduled shift. Under state law it states that my employer is required to pay me within 72 hours. I called my employer several times to request that my check be mailed to me. I have never received my check. It has been 2 years since I have worked for this company and have decided to file a complaint against them. I have called the company several times to request my past employment records. The manager after 2 months of me calling and him neglecting to return my calls when he says he will claims he is unable to contact the main office to get my records. And am I entitled to a waiting time penalty?

Asked on January 16, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, unfortunately, there is no waiting time penalty--after all, you could have taken action sooner; it was your own choice to wait.

To recover the money, you would have to sue them--most likely in small claims court, where the filing fee is low and you can act as your own attorney, saving on legal fees. You would have to prove that you did the work and what you should have been paid.


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