What is the name of your state? CA
Recently I was assigned a 2 wk temp job through a temp agency (starting 03/28). I was asked to work o.t. the first day so I worked 11 hrs. The second day just 8. After the 2nd day (03/29) they called me after I had already left work to tell me not to come back anymore. Since I had already left and wasn't supposed to return, I couldn't get my time sheet signed by the Client so I just faxed it in to the agency (03/30).
I read that if discharged by an employer final pay was due immediately. After a week (04/06) I sent an email asking "where's my paycheck?" To this they replied on (04/08) that "it was processed for you yesterday and you will receive it next week". It arrived on 04/13 but it was paid on 04/11 so that is the date payment was made, almost a full two weeks after my last day worked.
I would have been okay with this 2 week delay in receiving final wages but when I got the check I noticed they shorted me the 3 hrs o.t. So I wrote back on 04/14 to say "what about o.t.?" When they replied on Tue. 04/19 - a full 3 weeks after my last day worked - they said "According to the client you only worked 8 hours on Monday and they are not going to pay you for 11". So due to their negligence and delays I didn't even know they shorted me for 2 weeks and didn't know they were going to pull this b.s. for another week - so how can I prove I worked o.t. 3 weeks ago? I don't care it's too trivial even for me it's just three hours but for the company it's like pocket change. Why make an issue of it?
However this has prompted me to pursue waiting time penalties for them making me wait about 13 days for my final paycheck.
Am I correct in the following conclusion to the waiting time period?
Last day of work was Mar 29th, so I should have had a check printed and mailed by Mar 30th. It wasn't printed and mailed until April 11th, I am aware that just because I didn't receive it in the mail for another 2 days doesn't matter. But the payment date of April 11th is 13 days after being discharged.
Do I have a case for waiting time penalties for these 13 days????
Or maybe just the days after 04/06 when I wrote in requesting payment?
Hope not to have confused you with all these dates, etc.,