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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5131
Experience:  Extensive experience representing employees and management
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Hi, I quit my job 2 months ago. I was a clerk. At my former

Resolved Question:

Hi, I quit my job 2 months ago. I was a clerk. At my former employer's office we were paid monthly by direct deposit. Meaning we got paid once a month only in full. In california i found out that we must be paid at least twice a month. I told my former employer this and they fixed there payroll to twice a month. The payroll was administered by ADP payroll services and my former manager told me that was how ADP set up the account. She apologized but I feel I should get some money for those 2 years I did not get paid on time. What can I do.
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.

My goal is to provide you with excellent service today.

Did you ask for some form of compensation for not being paid on time?
Or, at least, about informing them that they were in violation of the law?

If you do ask and your employer refuses or doesn't offer to provide you with compensation, and you can should file a complaint with the Department of Labor Standards Enforcement.

You can find your local office online here:

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

Customer: replied 1 year ago.

Thank you for your prompt response. As you can surmise from my initial


query I did inform my employer and they rectified the situation by fixing there error through ADP. Further the labor board is always an option for any wage related issue. I was hoping to understand if this is really worth my time or not. Can I get compensated if I stay the course or is the company simply penalized.


 


 

Expert:  Joseph replied 1 year ago.
Hello Ted,

I have no way of knowing what you know or don't know, so I don't appreciate the negative rating based on my failure to correctly read your mind. Also, it was not clear whether you had just told your employer about the violation or asked for money at the time.

However, in response to your question, no, there's really no money in your complaint, as there are no statutory damages for this violation, and generally employers have one wage period to make up for unpaid wages.

Since the violation here was not willful and you were (apparently) paid all the money due to you in wages prior to termination, you really don't have much of anything to pursue.

This is precisely why I asked whether you had asked your employer for monetary compensation for spotting the violation, since I was thinking your employer may be willing to give you something for that, even though you're not really entitled to any level of damages under the law.

So, in answer to your question, no, it's not really worth your time.
Joseph, Lawyer
Satisfied Customers: 5131
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.

Hello Ted,


Please let me know if you have any follow up or clarifying questions.

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

Thanks and best of luck!

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