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Waiting Time Penalty

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justice7

Junior Member
California

Thank you very much for reading...

I have quite a situation with a very hostile former employer, who has a knack for paying employees 3-5 weeks late and issuing bouncing checks. I appreciate very much your kind advise.

The below are the dates from the time I quit and the events that followed:

Dec 2, Wed. Day I quit without 72 hours prior notice.
Dec 4, Fri. Called up work to check if pay is ready for pick-up. Ms Payroll says it's ready for pick-up Monday.
Dec 7, Mon. Called up to check before I pick-up. Everyone I talked to said the employer and Ms Payroll are out of state and did not leave any pay check. *** Please note that I had the intention to pick up and physically return to place of work on this day.
Dec 11, Fri. A trusted ex-coworker called me up to say Ms Payroll has arrived. I immediately called her and told me check will be ready by Monday for pick up.
Dec 14, Mon. I called up Ms Payroll to tell her I cannot pick up that day and just told her to mail check. On same day, I also deposited through ATM machine two previous payroll checks issued to me when I was still working there.
Dec 15-16. Followed up if current check has been mailed.
Dec 17, Thurs. Called up Ms Payroll again and told me she found out my 2 previous checks bounced and informed me she "will try to issue them on Friday the next day".
Dec 18, Fri. Current check arrives. I called up to follow up on previous checks but Ms Payroll was not around.
Dec 21, Mon. Called up all day before driving there to pick up but no ones answering. Found out everyone's on forced vacation for 2 weeks.
Dec 22, Tues. Another ex-coworker who quit WITH 72 hours prior notice had a bounced check. She waited exactly 2 weeks for this check to arrive.

Am I entitled to a Waiting Time Penalty?
If so, who do I go to and what first step to do? I was told DLSE cannot help me with this.

Again, thank you so much.
 



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