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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5143
Experience:  Extensive experience representing employees and management
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I have a few payroll issues with my company 1) On 10+ occasions

Resolved Question:

I have a few payroll issues with my company 1) On 10+ occasions in the past 2 years they have forgotten to pay me. It was not until I reconciled my timecards and checks that I realized that I had not received payment. When I asked for the missing payment, they casually acknowledged their error and paid me, with some payments 3 months overdue. 2) When I begin with the company, I signed a bonus contract, where I was to receive a bonus payment after so many hours worked. I assumed hours would be tracked by the company and bonuses would be paid automatically. Not so. When I remember to ask, I am paid the bonus. There are some years where I have forgotten to ask, so bonuses have been lost. 3) Lastly, when I turn in several timecards at a time, my company consolidates all payments into one large check. As a result my federal and state tax withholding increases dramatically. I’ve asked for a tax correction so I do not have to wait until the end of the year for the money. When I’ve been persistent they have agreed to my request.

With that being said, I do not have confidence in my company when it comes to payroll and at times feel their errors are intentional. My complaints have been met with indifference. Are they breaking any employment laws? I want them to improve their process and this may be the only way to capture their attention. Thank you in advance.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Unfortunately, none of the payroll activities that you mention are actually illegal, since they are the result of (gross) employer negligence and are not intentional. If your employer were to refuse to pay you wages and bonuses that are owed, you would have a cause of action against them for violating the labor code.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 2 years ago.

thank you for the reply. i agree that most of the issues are due to incompetence except on bonuses. if i ask for a reconciliation, and they either do not respond/give vague answers/refuse to pay...basically avoid answering and resolving my question are they violating labor code?

Expert:  Joseph replied 2 years ago.
Yes, if they were to avoid answering in order to avoid paying you for wages that you've earned, then that would constitute a violation of the labor code.

If that were to happen, I would suggest that you file a a wage claim with the Department of Industrial Relations for the amount that is owed to you in bonuses.

You can file a wage claim using the forms available online here:

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm
Joseph, Lawyer
Satisfied Customers: 5143
Experience: Extensive experience representing employees and management
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