BACKGROUND:

I worked for Best Buy (a large electronic//computer retailer) for
almost 4 years, ending this last December (2002). I’m a college
student…and my college closes school provided housing for a 3 week
span (effectively, our Christmas break). I notified my managers at my
Best Buy store (#187 San Francisco) the week BEFORE Thanksgiving that
I would be required to go home to Texas during Christmas Break, as I
would have no place to live, once school housing was closed. They said
they would “talk about it” and come to some type of conclusion. I
bugged them every week…and an answer was postponed and postponed. They
were only saying “we’re looking into it. We’re looking into it.”.
Sometimes they would be like “oh yeah!...Uhmm, let me talk to
so-and-so about it, and I’ll get back to you”. They had forgotten in
the meantime, and NOW that it was brought back to their attention,
claimed they would get back on the case. Very dismissive.

Finally, my manager said, it was common practice to have an employee
Voluntarily terminate their employment, after having spoken to the
manager’s as to why, and normally “reached an agreement” with the
managers so that all the employee had to do (since they voluntarily
terminated their employment on “good terms”) was call the store up,
let them know when they would be available to resume employment and
the managers would sign the paperwork, the employee was reemployed in
their current position with a minimum of the same pay they were
receiving at the time of voluntary termination.

After they provided me with MANY examples, of people still working at
the store, that routinely follow this process, I decided it was the
best route to go…because a “leave of absence” didn’t
apply//accommodate this type of lifestyle change//reason. I find it
hard to believe that large of a corporation that mainly employees
YOUNG people//college students, doesn’t have ANY type of accommodation
for breaks in employment when the school schedule//special
holidays//breaks dictate. Everyone *I* have spoken to with the company
says there are NO policies in place to handle those types of
considerations. It’s clear cut: Either you qualify for a “leave of
absence” (medical disability [approved], pregnancy [must be approved],
and the like). Is this true? In my situation I want to legally file
for wrongful termination, because when I called to tell them I was
back in town they RENEGED on the “deal” and said my position, during
the store’s financial “re-evaluation” after the Christmas said they
couldn’t currently support my position for the time being. THEN I was
told two weeks later, by a friend of mine still working at the store,
that they hired someone else into that exact position and didn’t
bother to notify me or give me the chance to resume my employment at
that time, since now, it was deemed as a “necessary” position to be
filled again. SO…because they know I want to pursue legal action they
are only providing “Definite” answers (“There is DEFINITELY not
provisions for extended leave, even for college students with no place
to stay because the school closed the dormitories.”) I have NO way of
obtaining official documents//paperwork//policy manuals for Best Buy
as a company or even know who in the company to call for that type of
information. Since, NOW, I’m not longer an employee I’m catching a lot
of “flack”//crap while trying TO find information such as this out.
The managers at the local store ever since legal action was mentioned
have clamed up and will not speak to me on the phone period…yet they
won’t refer me to a person//location//resource to find this
information myself. Being DENIED this information pertinent to my
situation (a situation they constructed) has to be WRONG, and
defendable on my behalf.

I would be flying home for the break, on a Thursday (our schedules run
Sunday-Saturdays). I filled out an official “Request for Time Off” for
the Thursday/Fri/Sat that I would be gone for at the beginning of my
extended leave, to avoid my department having scheduling problems.
Come to find out – I was technically terminated on the books, for “no
call no show” (meaning I did not show up or call, for a time I was
already scheduled). I submitted that paperwork and it either was
discarded or not processed appropriately – but after I turned it in,
that was out of my control. And I was given no indication before I
left of any wrongdoing//mishandling//problems with the submitted
Request for Time off.

My FINAL paycheck was NOT sent to me. I STILL have not received it
(since December). I’ve called the store and nobody knows what to do to
resolve it, or who to call. They’re being NO assistance.
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I looked up my Right’s as an employee in California and found the
following: The follow excerpt is from “http://www.dir.ca.gov/dlse/FAQ_Paydays.htm”

"In California, wages, with some exceptions (see table below), must be
paid at least twice during each calendar month on the days designated
in advance as regular paydays. The employer must establish a regular
payday and is required to post a notice that shows the day, time and
location of payment. Labor Code Section 207 Wages earned between the
1st and 15th days, inclusive, of any calendar month must be paid no
later than the 26th day of the month during which the labor was
performed, and wages earned between the 16th and last day of the month
must be paid by the 10th day of the following month. Other payroll
periods such as weekly, biweekly (every two weeks) or semimonthly
(twice per month) when the earning period is something other than
between the 1st and 15th, and 16th and last day of the month, must be
paid within seven calendar days of the end of the payroll period
within which the wages were earned. Labor Code Section 204
·	An employee who is discharged must be paid all of his or her wages,
including accrued vacation, immediately at the time of termination.
Labor Code Sections 201 and 227.3
·	The place of the final wage payment for employees who are terminated
(or laid off) is the place of termination. The place of final wage
payment for employees who quit without giving 72 hours prior notice
and without specifically requesting that their final wages be mailed
to them, is at the office of the employer within the county in which
the work was performed. Labor Code Section 208 Therefore, it is
imperative that an employee who quits without giving 72 hours prior
notice return to the office of the employer 72 hours after quitting
and request his or her final wage payment.
·	An employer who willfully fails to pay any wages due a terminated
employee (discharge or quit) in the prescribed time frame may be
assessed a waiting time penalty. The waiting time penalty is an amount
equal to the employee’s daily rate of pay for each day the wages
remain unpaid, up to a maximum of thirty (30) calendar days. Mamika v.
Barca (1998) 68 Cal.App4th 487 An employee will not be awarded waiting
time penalties if he or she avoids or refuses to receive payment of
the wages due. If a good faith dispute exists concerning the amount of
the wages due, no waiting time penalties would be imposed. A "good
faith dispute" that any wages are due occurs when an employer presents
a defense, based in law or fact which, if successful, would preclude
any recovery on the part of the employee. The fact that a defense is
ultimately unsuccessful will not preclude a finding that a good faith
dispute did exist. However, a defense that is unsupported by any
evidence, is unreasonable, or is presented in bad faith, will preclude
a finding of a "good faith dispute". Labor Code Section 203 and Title
8, California Code of Regulations, Section 13520
·	Even if there is a dispute, the employer must pay, without requiring
a release, whatever wages are due and not in dispute. If the employer
fails to pay what is undisputed, the "good faith" defense will be
defeated whatever the outcome of the disputed wages. Labor Code
Section 206."
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I was *also* due a ~$400 bonus guaranteed to all employees once a
year. There had been a processing problem that had delayed this bonus
being disbursed to myself…and the “resolution” was still being
processed at the time I was wrongfully terminated [but terminated,
technically, none-the-less]. Best Buy is telling me anything to
appease me – they also know I have no idea how to//who to verify the
validity of their statements with Best Buy Corporate policy. They have
the advantage of knowing policy details I’m not being provided.) What
special regulations does California Labor Laws have in addition, to
the “final paycheck//wages” Code, listed above, that would still
require them to owe me the additional funds due?  Would this
additional money, to the California Labor Laws (although a “bonus
fee”) since it’s “guaranteed” to employees, still count as an amount
being “required” to be included in my final paycheck? Or are they
separate rules (or no rules at all) regarding this additional
money…since it isn’t technically “wages”?? I’ve searched the remainder
of the California Board of Labor
[http://www.dir.ca.gov/dlse/FAQ_Paydays.htm] terms and cannot find
“additional” rules for this extraneous pay. Also, due to a
miscalculation on Best Buy’s behalf of my hourly rate (it was listed
incorrectly for 2 pay periods) the “back pay” was also being processed
at the time of my termination. How is this categorized or fall under
California State Labor Code terms listed above (or other additional
code pages)??
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Questions: What are the REAL company policies regarding qualifications
for a “Leave of Absence”. Is there a provision elsewhere in company
code that ‘could’ have possibly qualified my MANDATORY eviction from
school housing (temporarily for the holiday break) as a company
recognized Excusable leave of absence, not requiring termination?

WHO do I contact to bring this specific case of not receiving my final
paycheck while actively trying to work with my store to receive it??
Who has to be contacted (specific contact details such as
name//department//phone number & organization) to start an
investigation to see if the “The waiting time penalty is an amount
equal to the employee’s daily rate of pay for each day the wages
remain unpaid, up to a maximum of thirty (30) calendar days.” I can
tell Best Buy they owe me my wage+30avg wage till I’m blue. But who do
I need to contact, so that Best Buy is “officially” contacted by
someone with authority to pass judgment and say “Best Buy, you are in
the wrong…and you have a mandate to correct this issue in X# of days
before legal action is pursued by the California board of labor (or
whomever)?

Who & How do I notify that I was not paid my final wages according to
the terms above? How does California Labor Law, dictate my  $400
guaranteed funds (still unpaid to myself) as needing to be paid (if at
all) and when? Does that qualify as a “wage” and hence apply itself to
the Labor Laws above?

How & Who do I notify about my “back pay” (wage compensation for
actual WAGES due to miscalculation on the company’s behalf) no being
paid yet? Is it the same people about the final wages not being paid?
Or a different organization?

Before pursuing legal action for (what I feel was) wrongful
termination WHO and WHAT BRANCH of Best Buy corporate needs to be//can
be contacted with the above ‘story’//information to have it reviewed
internally and receive the company’s official statement on the
situation. I need the COMPANY to issue its verdict versus currently I
only have my store’s…and of course they’re standing behind themselves.
I’ve also contacted our District office. But they, again, are in
league with the actual store (on a personal level with our store
managers) and are NOT giving me information on who to contact ABOVE
them. They aren’t even issuing an official statement as it is. They’re
just “saying” what they feel. And showing me the door, knowing I don’t
know my alternatives. They’re denying me information to their
superiors and hindering my quest for company information. Is DENYING
me that information a breech of any California Labor Law/Code in and
of itself? It feels like it would have to be. If your local manager
says “no” and also doesn’t tell you how to get an official company
second opinion….you just have to take their word for it. Who and what
branch of Best Buy can actively and swiftly take care of this type of
investigation internally? How are they best contacted?
All “how and who’s” refer not only to textual Organization names, but
also to phone numbers, office listings, department heads, etc. As
specific contact information relevant (hopefully I’ve provided enough
specific details to help you navigate the web of contacts in specific
offices based on the terms of what they specifically handle as their
job descriptions)

Any and all information is appreciated. PLEASE extensively use
Clarification requests. I had to present a LOT of information to you
so I KNOW I probably left important information out, unknowingly.
Thanks!