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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4869
Experience:  Extensive experience representing employees and management
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Hello...I gave my employer 2 weeks notice on 4/15/13 and had

Resolved Question:

Hello...I gave my employer 2 weeks notice on 4/15/13 and had agreed to work through 4/30. I arrived at work as usual, expecting to complete my day at 5:00. I left 20 minutes after reporting in and no one spoke to me and whisked a potential new person into a back office. I had not been advised that I would be training someone on my last day and because the tension was thick, I got in my car and left. I left my office key that said my key, thanks. I felt my boss should have mailed my check yesterday as I was done. Today he tells me he is holding my check as he believes I have a patient file which is not true as our office is paperless and I don't have any access to this info from home. He asked me to call him today which I have done...letting him know he should get my check in the mail today and let him know I do not have a patient chart in my possession and I am finished working in his office. When should I expect a paycheck be postmarked and mailed under this situation? I thank you for your expertise on this matter.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.

Hello and welcome to JustAnswer.

 

I'm sorry to hear about your situation and hope I can help.

 

Were you an hourly employee or salaried?

Customer: replied 1 year ago.
I have been an hourly employee for 6.75 years. Can I also be expecting accrued sick and vacation time since 1/1/13 in my final check.
Expert:  Joseph replied 1 year ago.

Hello,

 

Your employer is required to give you your paycheck within 72 hours of termination. Your employer would be required to immediately give you your check at the time of termination if you worked till 5:00 p.m., since you gave them two weeks notice, but since you left early (although completely understandably), your employer would have an additional three days.

 

Your employer is also responsible to include your accrued sick and vacation time since the beginning of the year in your final check.

 

Your employer cannot withhold your pay for any reason, including the alleged 'file' in your possession.

 

If your employer does so, it will be liable for your unpaid wages plus a day's worth of wages as penalties, per day you are required to wait to receive your wages.

 

If your employer is refusing to provide you with your wages, you should file a wage claim with the Department of Industrial Relations, Division of Labor Standards Enforcement.

 

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

 

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

 

I hope the above information is helpful.

 

Please let me know if you have any additional questions.

 

If not, please remember to rate my answer positively so I get credit for my work.

 

Thanks and best of luck!

Joseph, Lawyer
Satisfied Customers: 4869
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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