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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Quit employment on 11/15/16 with no notice. after numerous

Customer Question

quit employment on 11/15/16 with no notice. after numerous contact with former employer I finally received my final check today 1/5/17 are they liable for a waiting time penalty? California.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 9 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Did they have a reason for not paying you sooner? If so, what was it? I very much look forward to helping you on this matter.

Customer: replied 9 months ago.
first excuse was bank deposit did not go thru, then it was the post office fault, then they re confirmed my home address, none of which has changed in 6yrs, and never had a issue in 18months of employment with bank deposit. union company.
Expert:  Patrick, Esq. replied 9 months ago.

Thank you.

The CA Labor Code entitles you to waiting time penalties if your employer "willful" fails to pay your final earned wages within 72 hours of when you resign. Most likely, you could not prove that the delay caused by the bank deposit not going through was a "willful" failure to pay you. The second excuse about it being the post office's fault is something I would need to know more about, but if they are taking the position that they sent the check to you and the post office couldn't deliver it, that probably wouldn't constitute a "willful" failure to pay you either. Any delays after that would most likely be considered wilful. Ultimately, there is a factual question as to whether your employer acted willfully in not paying you that would be up to the Labor Board to decide. You certainly stand nothing to lose by filing a wage claim with the DLSE and letting them decide the issue. See here to initiate the wage claim process.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Customer: replied 9 months ago.
last date of work 11/15/16
check is dated 12/29/16
postmark is 1/3/17
Customer: replied 9 months ago.
better to file a claim or hire a attorney?
Expert:  Patrick, Esq. replied 9 months ago.

Thanks. If they put the check in the mail on the 31st it likely would not have been picked up by USPS and post marked until the 3rd due to the holiday. But there would still arguably be a waiting time penalty between when the check was dated (the 29th) and the earliest possible day it could have been deposited in the mail.

Expert:  Patrick, Esq. replied 9 months ago.

For something like this the cost of an attorney would probably not be worth it. The good thing is the wage claim process is set up so that you don't need an attorney.

Expert:  Patrick, Esq. replied 9 months ago.

Was there anything else I can do for you before we wrap up?