Final Paycheck Penalty

I live in California and recently lost my claim against a former employer who pressure me to resign, for final paycheck wait time penalty payment. I resigned (due to pressure) July 13th of this year, and was entitled to receive my paycheck within 72 hours. What I didn't know is that I needed to either physicall return to my workplace to ask for my final paycheck OR (because there was no on site supervisor) e-mail/write them my request.

Because my request was made via a message left on the company payroll's voicemail, I lost the case due to hearsay, ie the company representative claiming in a speakerphone that the staff person who would have picked up the phone messages does not recall mine.

Currently, I am trying to obtain the name of the company's carrier for the purpose of serving a subpoena to obtain their phone record on the day I called;

then filing small claim against the company and possibly filing an appeal to the Labor Standards Enforcement as well.

Do I have a case? How can I strengthen my case, and should I sue the person who pressured me to resign or the company? This individual was the person who hired me and her first comment during my job interview to me was inappropriately about my racial background. However, I accepted the job so I'm not sure I have a case against her on this matter and don't want to mix this issue with that of the wait time penalty fee. What should I do?

cynnovel said:

What should I do?

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Have the offered to provide your final paycheck or not?? If they have, then ask them to mail it to you. If they won't, then go by their office or location and pick it up.
If they owe you pay for ACTUAL hours worked and refuse, then file a complaint with the state labor agency.

This is all pretty simple and your issues of forced resignation and even racial comments when you were hired are NOT relevant to the issue of getting paid for hours worked.

final paycheck

I did receive my final paycheck but it was late, and I am attempting to collect wait time penalty fees.

What I didn't know is that I needed to either physicall return to my workplace to ask for my final paycheck OR (because there was no on site supervisor) e-mail/write them my request.

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Presumably, you were told those requirements to qualify for a 'wait time penalty' claim during your "claim against a former employer".

However, your own post says you didn't meet that requirement ("my request was made via a message left on the company payroll's voicemail, I lost the case due to hearsay").

If that is the case, what good would come from your obtaining records from the phone company about a call that doesn't meet the requirements??

Currently, I am trying to obtain the name of the company's carrier for the purpose of serving a subpoena to obtain their phone record on the day I called;

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You don't have the 'power of subpoena'. In this case, the only way to get that 'power' is to file a lawsuit FIRST.

Also, why even do that?? Presumably you could present your own phone details which would show you called your former employer.

And finally, even showing that a phone call was made (you bill OR the phone company records) doesn't tell who you talked with, or what about, or even whether you left a message. Simply, it won't do you any good... even if you could get it.

Bottom line.... From your own post, you didn't meet the requirements to get the 'wait time' penalty.

CAn I still sue under these circumtances:

A racial remark was said during my interview

this same individual was the one who tried successfully to get me to resign.

It is highly unlikely that a single remark would give you standing to sue.

What about the way I was manipulated and pressured into resigning?

What about the way I was manipulated and pressured into resigning? The person who terminated me did the same tactic with my former coworker only she did refused to resign, and ended up winning the wait time penalty fee. The employer was so sneaky and manipulative and totally disregarded her employees' benefit that I want to do something about it regardless of the outcome.

Unless you have a VALID reason to suppose that you were "pressured and manipulated into resigning" BECAUSE OF your race, religion, etc. (and you will need much more than a single comment made before you were hired to support this) then you do not have standing to sue.

YOU made the decision to resign.

cbg said:

Unless you have a VALID reason to suppose that you were "pressured and manipulated into resigning" BECAUSE OF your race, religion, etc. (and you will need much more than a single comment made before you were hired to support this) then you do not have standing to sue.

YOU made the decision to resign.

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Your input is appreciated, however I get irritated when individuals say the most obvious things. Is the last line something you didn't think I knew?

May I ask if you're studying for legal defense or prosecution?

And I get irritated when people try to sue rather than accept the consequences of the decisions THEY made. So we're even.

You didn't answer whether you're studying to defend employees or companies, which would matter to me in terms of your viewpoint.

I'm so glad you're not a practicing attorney and I don't have to take your advice or your unpleasantness seriously.

If you're studying to defend companies, I hope you realize giving advice to employees is unethical and a conflict of interest. And that having a neutral, and not antagonistic or snotty, tone would make you look more professional.

Good luck with your studies.

cynnovel said:

You didn't answer whether you're studying to defend employees or companies, which would matter to me in terms of your viewpoint.

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What a 'novel' idea... if you don't like the message (even when it is 100% accurate), simply denigrate the messenger!! Yep, sure works real well, doesn't it??

So, go ahead. File your lawsuit against your former employer due to YOUR own failure. And then when the employer wins and you get hit with THEIR legal fees, you might then understand. Like always, education costs money. In your case, it will be about $250 per hour!!

And who said I was "studying" anything at all?

You have a very strange idea of ethics and professionalism.

I don't know you. I don't know what company you work for. I have no dog in this hunt. It doesn't make the slightest bit of difference to me whether you sue or not. You asked a question and I told you what the law said. If you don't like the answer, fine. Ignore it. But the fact that the answer is not the one you wanted to hear does not make it incorrect.

Apparently from your point of view, the only neutral point of view is one that supports your position.

FAst is slow

More drivel. Bring tears to my eyes? Who the hell are you to assume you know my capabilities and weaknesses? In addition: the ability to bring tears to another person's eyes is nothing to brag about, but the fact that you THINK it is, says a lot about you . . .

And lawyers wonder about the animosity, via lawyer jokes, surrounding lawyers. I actually admire this group, but only the intelligent and fairminded kind committed to helping those in need, not the pompous status quo defenders.