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Job Discrimination and Harassment : Includes discrimination in employment on the basis of race, color, creed, national origin, gender, disability, etc.
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  #1  
Old 10-12-2009, 11:25 AM
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unpaid wage


What is the name of your state (only U.S. law)? California
I have quite my job for 2 weeks now with 2 weeks notice, on my last day the manager told me I will get paid at the end of that pay period.They recently changed the paycheck to prepaid card instead,since it will be my last check the manager offer to sign me a store check instead but gave me the card that need to be activate anyway.A week by i went by the store to pick up my check as I was confirmed on the phone I did not get my check,the manager said i need to get the card activated and I am missing 6 hrs for my last paycheck which he said he will put it in this one ( i checked the pay stub).He said he does not have time to talk to me right away I have to call or go back again.
Any comment anyone?What is the name of your state (only U.S. law)?
  #2  
Old 10-12-2009, 01:10 PM
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Location: small town, PA
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The comment is that this manager/timekeeper/payroll department is inept. OK, that's one comment.

Quote:
208. every employee who quits shall be paid at the office
or agency of the employer in the county where the employee has been
performing labor. All payments shall be made in the manner provided
by law.
[url=http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=200-243[/url]

The employer cannot force your pay onto a debit card without your authorization. Did you do that while still employed?

Your check was due on your last day of work. Here is what I would recommend. Document your notice date, your last day worked, all these conversations, your hours due, each payment received, etc. (including the payment you don't have yet). I would also note that if you had any earned vacation time still available, that had to be included with your final wages as well. Once you have all your wages for time worked, then file a claim for the waiting penalty for late payment.
[url=http://www.dir.ca.gov/dlse/FAQ_Paydays.htm[/url]
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  #3  
Old 10-14-2009, 01:16 AM
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I actually applied for direct deposit when I was working for them but the manager said it did not go through so I jot the debit card instead which I did not authorize it and he gave me the card on my last day at work.
Do I have to call and talk to human resource before I can claim file?
  #4  
Old 10-14-2009, 08:01 AM
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Location: small town, PA
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You don't HAVE to, but it would be wise. The DLSE is going to ask what response you got from your employer when you contacted them about your final pay, so you might as well have an answer.

But, HAS the card been activated and have you retrieved at least those funds?
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  #5  
Old 10-14-2009, 10:42 PM
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No,I have not activate the card yet
  #6  
Old 10-15-2009, 07:44 AM
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Quote:
Originally Posted by sunny_jiggy@hot View Post
No,I have not activate the card yet
Why not? That's going to be a mitigating factor in you trying to claim final pay waiting time penalties if it's something you have control over.
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  #7  
Old 10-17-2009, 05:20 PM
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The manager said he will sign a store check for me since it will be the last pay check but when I went by he said he forgot and I have to activate the card
  #8  
Old 10-18-2009, 04:58 AM
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So activate the card already. (banging head here)
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  #9  
Old 10-23-2009, 06:22 PM
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Finally I got my info together,activated the card,put money from the pay stub to the card called the HR but I did not get a chance to talk to anyone,well actually I talked to 2 people,I told the first person about the payroll they transfered me to somewhere another girl picked up the phone as soon as she know I call about the payroll mistaken she transfered me to the payroll department and of course since I am not a customer I was on hold for half and hour I gave up waiting, wondering should I claim the file ?

Last edited by sunny_jiggy@hot; 10-23-2009 at 06:26 PM.
  #10  
Old 10-26-2009, 08:00 AM
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Location: small town, PA
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You mean "file the claim". For what, waiting time penalties? You could file a claim for waiting time penalties from your last day worked up until your boss told you the pay card had been funded and was ready for you to pick up. Any days after that, if you didn't have your pay, that was your fault.
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