Q: Can I sue my previous employer?
I worked for a day before I left for other ventures and he has not paid me. It has been a couple months now and I let him know to mail it to me. I have not received anything yet, he told me to pick it up in the office but I told him I would not be able to because I work and my schedule would not allow me to just pick up the check.
A: Yes. Pursuant to Labor Code 202(a), "Notwithstanding any other law, an employee who quits without providing a 72-hour notice shall be entitled to receive payment by mail if he or she so requests and designates a mailing address. The date of the mailing shall constitute the date of payment for purposes of the requirement to provide payment within 72 hours of the notice of quitting."
A:
If at the time you quit you instructed the employer to mail your check to a designated address, then your employer had a duty to mail your final check to you within 72 hours if your giving notice of quitting, or the last day of work, whichever is later. If you waited until some time after you quit to tell the employer to mail you the check, the employer had no duty to mail the check to you. You would have to go to the workplace to get the check.
Regardless, you are entitled to the money. Waiting Time Penalties will only apply if you can prove the employer willfully withheld your final paycheck.
Good luck to you.
A:
If you have not been paid for work you performed, consider the following steps:
Communicate with your previous employer about the unpaid wages.
Review any employment agreements or contracts related to payment.
Consult with an employment attorney to assess your options.
File a wage claim with the appropriate labor department.
Consider small claims court if necessary.
A: Good answers by some attorneys. You can file a claim for your wages, interest and waiting time penalties with the California Labor Commissioner's offices a part of the Department of Industrial Relations. Look for them on the web to see what forms to complete. You need to fill out a DLSE 55
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