Q: I quit my job, but I had to wait for my paycheck for more than 30 days. What can I do?
I was hired by Walmart as an Team Member on July 16, 2020, but had to quit on July 19, 2020 due to being unable to fulfill the given hours because of Summer courses. I had to wait for my paycheck until September 10, 2020. When I opened my paycheck, I realized that I didn't received any waiting penalties for the days that I had to wait for my paycheck since quitting. Do I have any rights to do take legal action here in California?
A: The Labor Commissioner can award up to 30 day's wages for a non payment of wages within 72 hours of quitting. You worked either 2 or 3 days. I don't see the LC awarding you a windfall of 30 days pay, but you could get something because the pay was unreasonably delayed. My suggestion is for you to file for Waiting time penalties with the LC, ask for the 30 days and negotiate with Walmart for 10 days additional pay.
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A: Yes, you do.
You are entitled to Waiting Time Penalties equal to one day of pay for each day you are made to wait for your final paycheck if you can prove the employer willfully failed to pay your final check on time. A mistake or failed communication leading to the delay will usually prevent a finding of willfulness. If you are entitled to the penalties, you are entitled to receive one day of pay for each day you were made to wait due to the employer's willful conduct, up to a total of 30 additional days of pay.
You can proceed to collect your Waiting Time Penalties either by filing a lawsuit, probably in small claims court, or by filing an administrative wage claim with the California Division of Labor Standards Enforcement.
Good luck to you.
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