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I was going through my records and found out my employer did…

Hi, I was going...

Hi, I was going through my records and found out my employer did not pay me for 17.50 hours on 2 separate checks, I brought to their attention they investigated and realized it was an error on their part. I asked for a check to be overnighted since it it over 600.00 and they sais I would have to wait until next pay period. Am I being unreasonable and can they make me wait?

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

My manager.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I belong to a Union

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Answered in 5 minutes by:
3/16/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,898
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

No I don't think you are being unreasonable at all. However, I suspect that is not the entirety of your question. Are you asking if you have any legal recourse?

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Customer reply replied 1 month ago
Is there a time limit In California, for the employer to correct the mistake once discovered and if so what would that time frame be?
Customer reply replied 1 month ago
No, thanks. I'm not near a phone.

Thank you. ***** Code doesn't address payroll mistakes specifically, it simply requires most employees to be paid all earned wages no less frequently than semi monthly. Clearly, your employer failed to do that here by leaving out some of your earned wages. The problem is that unless is a consistent practice on their part, CA law prescribes no penalties for the late payment of wages to a current employee. The situation would be different if this was a consistent practice--in that case you can bring something called a PAGA claim, which entitles the plaintiff to recover a penalty for each instance that wages are paid late. The situation would also be different if you had quit or be terminated from this employment. In that case, these delinquent wages would accrue a penalty in the amount of your average daily rate of pay for each day beyond your last day of employment that they remained unpaid up to 30 days. But if you are a current employee and this was a simple mistake, the law would only entitle you to interest on the delinquent sum, which would be such a small amount as to make a lawsuit not worth your time, especially considering the damage it would cause to your employment relationship.

I don't think there is antyhing wrong with insisting that your employer rectify the situation more rapdily. There just isn't a good legal remedy in the event they refuse--that is, aside from leaving this employer in favor of another employer who actually treats this sort of mistake more seriously.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,898
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month ago
Thank you for your time.

You are very welcome. I'm glad I could help and just wish that there was a more useful legal remedy here. I believe it's actually something that the CA labor code does not adequately address, so hopefully the legislature changes things soon.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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