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Joseph
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Category: California Employment Law
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I was part of a force reduction at my company and on my last

Resolved Question:

I was part of a force reduction at my company and on my last day, they gave me my "final check" (a manual check) which was to include benefits. About one weeks later after I received my check stub in the mail, I noticed all my benefits were not paid by virtue of a "balance" showing on my check stub. I called the company to inquire and they said I was paid everything, but I said my stub shows differently. It appears they will not pay my "balance." 1. Given my scenario, how long before I may be entitled to three times the amount? I've been told something like 30 days by others, but I don't know if that is from termination date, my notifying the company, or some other means. 2. What happens if my check stub is wrong and the company just made that mistake. Because I was terminated and given a "final" check, am I entitled to the error amount? Thanks

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

If your employer intentionally underpaid you, then you are entitled to the amount of wages owed to you, and one day's wages per day you were required to wait. (There is no statute that would award you 'three times' the amount).

It is 30 days from the date that you were due the wages, which would be the date of your termination.

If the company made a 'good faith' mistake about your wages, then you would only be entitled to the amount that you were unerpaid, and not the wages and wage penalties.

If the amount that was issued to you was in error (too much) then you would only be entitled to the amount that you were actually owed and not the error amount.
Joseph, Lawyer
Satisfied Customers: 5146
Experience: Extensive experience representing employees and management
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Joseph
Joseph
California Employment Lawyer
5146 Satisfied Customers
Extensive experience representing employees and management