Q: My employer consistently pays us late and our payroll checks BOUNCE every paycheck. I was just suspended for picking up
…My check on payday. Management was out of town, couldn’t reach anyone so I picked up the checks, we still can’t cash them 4 days later and now I’m suspended for a week because per usual “there was no money in the account”. I have An obvious case right?
A:
Since you were subjected to discipline, a suspension, for picking your paycheck on payday, you likely have a claim for illegal retaliation for seeking your timely payment of your wages. Your employer is not allowed to delay payment based upon case flow.
Since your employer is consistently late in paying and paychecks are bouncing regularly, you should seriously consider finding another employer. Failure to timely pay employees is often a strong indication that the business is having financial problems. Further, those financial problems make it less likely that you could recover money on your claims. You should consider filing a complaint with the Labor Commissioner for the late payments/bounced checks and the retaliation for cashing your paycheck on your payday.
A: I am going to disagree slightly with my colleagues here. If you did not have permission to take the paychecks and took them anyway, that could well be a terminatable offense. However, you and your co-workers would have meritorious claims for violation of the Labor Code for the many late and NSF paychecks. The Labor Code provides for money penalties for failure to pay on the designated pay day. One last note: you should consider looking for another employer. This one has demonstrated time and again signs of financial distress, and a lack of respect for the way employees should be treated in California. Good luck to you.
A:
Your employer is required to pay you on time and ensure that your checks clear without issue. Late payments and bounced checks run counter to California’s wage and hour laws. These violations may give you a strong basis for legal action.
Suspending you for attempting to pick up your paycheck could be viewed as retaliation. Retaliation against you for trying to access your earned wages may strengthen any claims you choose to pursue. Keep thorough documentation of every instance of late payment and each bounced check, including dates, amounts, and any communications with management.
You may consider filing a complaint with the state labor authorities. Make sure to save all relevant paperwork, including bank statements showing nonpayment or returned checks. Taking these steps can help protect your rights and potentially provide a clear path toward recovering your unpaid wages.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.