• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Waiting Time Penalty

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

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 8, Tues. 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 one's answering. Found out from someone who still works there everyone's on forced vacation for 2 weeks starting Dec 21.
Dec 22, Tues. Another ex-coworker who quit WITH 72 hours prior notice had a bounced check on this day. She waited for it to be issued from Dec 8 (which was her last day) to the day she picked up on Dec 17. Two things, 1) whether or not I pick up the check, they still would never have the intention to issue me a valid check with funds if they failed to issue even to someone who quits with prior notice and, 2) if I deposited the current check that just arrived on Dec 18, it would have bounced too.

Am I entitled to a Waiting Time Penalty for these 3 checks (1 current after quit and 2 previously issued while still working there but bounced)?
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.
 
Last edited:


pattytx

Senior Member
Although there can be civil penalties assessed against the employer for bounced paychecks, the "waiting time penalty" which would be payable to YOU applies only to the final paycheck.
 

justice7

Junior Member
Thank you so much for all your answers...

My ex-coworker and I are seeing a lawyer for a separate case with this employer, to which he still has no knowledge of. As per our lawyer's hand-out, we have to file this complaint in court to commence an action and that filing a claim with DLSE is not considered the filing of an action. We didn't strongly discuss this because this wasn't the reason why we're seeing the lawyer, thus this thread.

I still don't know if we can claim for Waiting Time Penalty based on the facts above. Please advise.
For the bouncing checks, isn't that equivalent to not paying at all? What if they issue checks with no value to get away from waiting time penalties?
 

justice7

Junior Member
Thank you so much for all your answers...

My ex-coworker and I are seeing a lawyer for a separate case with this employer, to which he still has no knowledge of. As per our lawyer's hand-out, we have to file this complaint in court to commence an action and that filing a claim with DLSE is not considered the filing of an action. We didn't strongly discuss this because this wasn't the reason why we're seeing the lawyer, thus this thread.

I still don't know if we can claim for Waiting Time Penalty based on the facts above. Please advise.
For the bouncing checks, isn't that equivalent to not paying at all? What if they issue checks with no value to get away from waiting time penalties?
 

pattytx

Senior Member
"Final paycheck" = pay for final pay period. Issuing an NSF check is not getting paid. Waiting time penalties do not apply to BACK pay, including pay due for previously issued NSF checks.
 

justice7

Junior Member
ok...
so what happens to my final paycheck? again, going back to my first question....can i claim for waiting time penalty based from the events?
 

pattytx

Senior Member
You file a wage claim for ALL unpaid wages, and you include waiting time penalties for the paycheck not yet paid from the FINAL pay period.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top