My former employer has not returned my phone calls for mailing my last couple paychecks. What can I do to resolve this?

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I had to leave my job on short notice (24 hours) to relocate out of the area. I called my employer and quit within 24 hours before my scheduled workday and informed then that I would not be at the previous address listed on my paycheck and requested they mail it to my new address. The manager spoke with their immediate boss the following day and was told I would have to come in. After I pleaded I couldn't, the senior manager claimed it would be mailed to my previous address. I've tried calling HR to change the address, and I've left several messages to no avail. It's been 16 days, and I no longer know how to make contact with them.

3 Attorney Answers

Best Answer
Have an employment law attorney send a letter to your former employer asserting your claim for unpaid wages and waiting time penalties. If your former employer "willfully" withheld your check beyond the 72 hours it was due, you may get up to 30 days' pay as waiting time penalties and the law states that the employer "shall" pay your attorney. Find contact info on Avvo.com.
If upon your resignation you designated the place to which your final paycheck should have been sent, and the employer has refused to send your final paycheck to that address, you may have a claim for those wages plus waiting time penalties. The waiting time penalties will be awarded if it is found the employer willfully failed to pay your final check as required under the Code.
When an employee quits under the circumstances you did, the employer was required to send the final paycheck to the address designated by the employee within 72 hours of the notice of quit. Every day beyond that the employee is required to wait to get the check the employee becomes entitled to a penalty of one day of pay at your regular rate. There is a thirty-day limit on the waiting time penalties that can accrue.
You can enforce your rights in one of several ways. One is to hire an attorney to write a demand letter for you and negotiate a final resolution. One is to file an administrative wage claim with the California Division of Labor Standards Enforcement. Another is to file a lawsuit.
Good luck to you.
Sounds like you would have a claim for wait time penalties. Call the local labor commission office. Good luck.

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