Q: My previous employer hasn’t given me my last check. What should I do?
I quit my job last Monday on 8-30-21 it is not 9-7-21 and I still haven’t gotten my last check. When I called and ask about it they just tell me it’s in the mail. But I don’t think it would take that long to receive the check.
A:
First, it is your option to pick up your check. They need your authorization to mail it.
Second, the employer has 72 hours to send it after you quit. For each day late, you are entitled to 1 day's waiting time penalties up to a max of 30 days.
A:
Your employer is only required to have your check available for you at the regular place of business within 72 hours of the time you gave notice, or on your last day, whichever is later. If you did not go in to pick up the check, you can be determined to have caused the delay, vitiating the willfulness requirement of the Waiting Time Penalty analysis. If you wanted the check mailed to you at the appointed time, you had to inform the employer of your desire to have it mailed to a specific address at the time you quit.
You ask what to do. Be patient for a few more days. If the check arrives look at the postmark. That will tell you when it was placed in the mail. If it does not arrive after a few more days, your options include going back to the company to explain that it has not arrived and getting a new check issued, or filing an administrative wage claim with the California Division of Labor Standards Enforcement. While you also have the option of filing a lawsuit, the amount in controversy probably makes that route impractical.
Good luck to you.
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