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Q: Termination wages in California ( Answered,   1 Comment )
Subject: Termination wages in California
Category: Business and Money
Asked by: boblaprise-ga
List Price: $20.00
Posted: 30 May 2005 13:52 PDT
Expires: 29 Jun 2005 13:52 PDT
Question ID: 527375
There was an error in my overtime pay after termination.  The issue
was resolved 6 working days after termination and the check was issued
12 days after the date of resolution of the overtime amount, do 12
days of penalty apply to the overtime check or 18 days?
Subject: Re: Termination wages in California
Answered By: taxmama-ga on 30 May 2005 19:30 PDT
Dear Bob,

If they made the error, and the employer had all the correct 
information in hand to compute it properly, you should get 
the penalty for all the days from termination until you received
the check. (Not when it was issued.)

If it was a reasonable error, and there was some confusion, 
then they would have a strong enough defense that the penalty
would start being computed on the day it was brought to their
attention (if you're aggressive), or the day it was resolved. 
And the penalty would run until the date you received the check. 
(Again, not the date they sent it.) Of course, that takes for 
granted that you received the check normally - not left it waiting
in a PO Box or elsewhere...but the date it arrived at its destination.

Now, do you want the reality? 

The reality is that you will get the penalty for whatever the
Labor Board decides. And let me tell you, the caseworker can
be very arbitrary. It's truly frightening. 

I had an issue with an employer who didn't pay me for nearly
a month after I left, among other things. They settled my case
by mail, with no problem. (A previous employee had had a similar 
problem, which is how I learned of this penalty payment.)

Yet, when another employee filed, the 4th one to file against this 
employer for the same issues, (did he NEVER learn?), the Labor Board
called a full-blown hearing. The caseworker refused to hear from witnesses. 
(I was there to testify - and someone else had sent written testimony.) 

This employee ended up getting about a third of what he was entitled
to receive. But, he did get a settlement. 

So, when you file, ask for the maximum number of days. And let the Labor
Board reduce your settlement if they so chose. You can be sure they will
not give you more than you request. Although, believe it or not, they have
even been known to do that. It totally depends on who's working the case. 

Good news. Regardless of how much you do get, the penalty that you 
recieve is not taxable income to you. Nor is it a deduction to your
former employer. Isn't that such a pleasure?

Good luck!

Your TaxMama-ga
Subject: Re: Termination wages in California
From: joe916-ga on 30 May 2005 14:59 PDT
I'm not certain of the answer but below is the site to start at it
gives the adresses and phone numbers for the DLSE(Division of Labor
Standards Enforcement)District offices.
Wages (all pay due; vacation,etc..) used to be due at time of termination.

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