Not getting final paycheck

[mgmkitty]

What is the name of your state? California

My husband quit his job, and is going to try to get his final paycheck tomorrow. If his old boss says she doesn't owe him anything (which she may), can my husband find a cop to make her pay him? She's running an illegal store at the moment (her sales licenses have been revoked and she's still open for business), plus the laundry list of other illegalities that she is involved in. Or are we just out of luck?

 

[cbg]

Just for clarification's sake, she would ONLY owe him for any time actually worked, plus any ACCRUED BUT UNUSED vacation time. She would NOT owe him for any notice time that he may have given but not worked (even if the not-working it was at her instigation) and not for any vacation time that he would have accrued in future.

All that being said (and I'm including it because there is so much confusion in so many posts over what is and is not owed in a final paycheck) if there is time OWED to him that she refuses to pay, he would not "find a cop"; he would file a complaint with the state Department of Labor. THEY have jurisdiction over employment law violations, not the police.

BTW, you don't say how long ago he quit or how much notice he gave. If he gave more than three days notice, then the law in your state requires that she have his paycheck ready on his last day of work. But if he gave less than three days notice, then she legally has three days to get his paycheck to him.

 

[mgmkitty]

First, his normal payday is the 1st and 15th of the month. She holds back 2 weeks. So he is owed a check the 1st of April for the 1st 2 weeks of March. He is also owed a check for 1 week - he quit the second week of the pay period. He did not give any notice, he has been gone 1 week. His boss is out of the country.
I did not know if a cop could do anything. The problem is, we can't pay our rent and therefore can't afford (nor is there time for) a lawyer. I realize charges need to be brought against this woman, but I was looking for a quick idea if she refuses to pay him. Otherwise we're out of our apartment. So a cop can't do anything?

 

[cbg]

No, a cop cannot do anything. It is not the business of the police to see that an employee gets his paycheck; that's not under their authority. If you happen to KNOW a cop - say if one is your next door neighbor - he might be willing to go with him to the office to pick up the check, if he's off duty at the time, but if you walk into a police station and say, "My employer won't give me my paycheck" the likely response is going to be, "So what do you want us to do about it?"

I didn't say anything about a lawyer either. What I said was that you contact the state department of labor. In fact, if he left a week ago, he can do that now. I know from experience that the CA DOL is extremely efficient at following up with wage claims.

 

[mgmkitty]

Thanks for the advice, but another ex-employee filed a claim, his court date was last Monday and the boss didn't show up for the court date. So I guess we're all out of luck. What's the use of filing a claim if she's just going to default on it? Even if/when my husband won his claim, she won't pay. Wish me luck in not losing my apartment.
Thanks again.

 

[Jenni_Pooh2]

It's really not that bad...

I agree that IF your husband doesn't receive his final paycheck for any reason, that you call the CA DOL. It may take a while to process everything, but I have found that they are very timely in taking care of things. What needs to happen is if this employer is not doing things "right" then CA DOL needs to be aware of it to avoid this from happening to anyone else. There are things you can do to collect once CA DOL has said the employer must pay.

As far as you not being able to pay rent, maybe your husband should have thought about this before up and quitting his job... Go to your local welfare department and they can help.

 

[mgmkitty]

Ok..the reason my husband quit his job is because he was having trouble getting paid in the first place! It was a good move for him to find a new job..which he has, he just doesn't get paid til next week. And as much as I know we should call the DOL, another ex-employee already did that, and she did not show up to the court date, and refuses to pay ex-employees. There is a whole laundry list of things she is doing illegally, I just didn't know if the DOL was our only option. Now that I know we're getting screwed, I can go on with our life. Thanks for the advice.

 

[Jenni_Pooh2]

You’re missing the point here. If DOL is contacted then you will receive his final paycheck. DOL doesn't mess around with people, they "get the job done" so to speak. Also, DOL needs to be notified about this "laundry list" of things. So stop whining about getting screwed, because by doing nothing you are allowing her to screw you...

 

[mgmkitty]

You're missing my point. Another ex-employee already filed with the DOL. She didn't show up to the court date. How is he or my husband supposed to get the money they're owed if she doesn't show up!!?? I'm not whining about it, I was trying to see if there were other options. You don't have to be rude.

 

[Jenni_Pooh2]

I wasn't trying to be rude...

You need to forget about what has happened with other employees. Call DOL - tell them everything. They handle each case individually as far as the employee goes. Where the employer is concerned, they stack them all up and go after the employer. Trust me when I say that the employer will not get away with not paying the employee. If she did not show up, that doesn't mean that is the end of it. I get so frusterated with employers who don't do things on the up and up. It takes people like you and me who speak up and fight for our rights to make these employers come into compliance with the laws. Good luck and let me know the out come. I've been in your shoes and won.

 

[HomeGuru]

You're missing my point. Another ex-employee already filed with the DOL. She didn't show up to the court date. How is he or my husband supposed to get the money they're owed if she doesn't show up!!?? I'm not whining about it, I was trying to see if there were other options. You don't have to be rude.

**A: and what did the DOL tell your husband when he called to ask how he gets paid?

 

[divgradcurl]

"You're missing my point. Another ex-employee already filed with the DOL. She didn't show up to the court date. How is he or my husband supposed to get the money they're owed if she doesn't show up!!?? \\\\\\\'

If she didn't show up, then the ALJ at her hearing should have ruled against her in a default judgment. At least, that's what usually happens if one party doesn't show for a DLSE hearing.

 

[HomeGuru]

That's correct and the state can impose fines and sanctions.