Weekly Paycheck

[marciaramona]

What is the name of your state (only U.S. law)? California
I am an employee at a company that pays us every Friday. Sometimes I don't receive my check until 3 to 5 days after pay day. Sometimes I receive my check and am told not to deposit or cash it until further notice. Again, the time frame of the "further notice" is usually 3 to 5 days after pay day. Additionally, in the past 7 months, I have had 4 paychecks bounce. They were replaced but not immediately. Is this legal?

 

[pattytx]

Generally speaking, no. I take it you receive the paychecks (when you do receive them) personally (they aren't mailed).

You can file a complaint with the Division of Labor Standards Enforcement.

 

[marciaramona]

Weekly paycheck part 2

Hi Patty,
Thanks for responding. Yes, you are correct, I receive the paychecks personally. Additionally, I have had 4 paychecks bounce in the past 7 months. If I filed a claim/complaint at the Labor Board, would it be illegal for my boss to fire me?

 

[cbg]

It would be illegal for your boss to fire you BECAUSE you filed a wage claim.

It does not, however, make you immune from any layoffs or firings that are unrelated to your claim.

 

[marciaramona]

I understand that. However, my boss WOULD fire me for filing a wage claim. I suspect my only recourse would then be to start the process of a lawsuit, etc. Is that correct? Wouldn't it be difficult for my boss to prove I wasn't fired for filing a wage claim?

 

[eerelations]

If you file a wage claim with the DOL and your boss fires you for doing so, you tell the DOL. They will deal with both issues.

 

[CourtClerk]

I understand that. However, my boss WOULD fire me for filing a wage claim.

No, they would lay you off because they are having cash flow issues. Proof of that? Your paychecks keep bouncing because there's no money in the bank. They had to let you go because they couldn't afford all of you... (hint, hint).

 

[marciaramona]

Hmmm, interesting take on the "lay off". We have downsized so there are only 2 employees left in the office; our controller and myself. I run the entire office and am covering 3 positions currently. Would that make it harder for my boss to claim a needed lay off due to cash flow problems and not being able to afford to keep me?

 

[ecmst12]

You are not being paid. Hence, you are laid off. You can file an unemployment claim in addition to your wage claim for the time you already worked. There is no question, clearly he can't afford to pay even the 2 employees he has left and the company is on the verge of collapse.

 

[marciaramona]

D'OH! Seems I am currently between a rock and a hard place.