Is it time to file a wage claim against my former employer?

I was laid off from a job without any notice. I know my rights and if you are "fired" from a job they have to pay you right there or by the next day. It's been 7 days since i was let go and when i call to ask them for my money they ignore the call. I called from a different number and she answered and just said to me "I don't know when we are going to pay you when i figure it out i will call you im busy" then she hung up the phone on me.

Should i just file a wage claim?

V R

In California the law says that if you are fire without a cause or laid off, they have to give you a check right away. Keep in mind that if you were laid off or fired with no cause, they knew the day before or early that day that they would fire you, therefore they should had have enough time to make your check. If they fired you for cause, meaning you were drunk, or doing drugs, or steeling etc. they have 24 hours to mail your check.

Definitely file a wage claim. Also file for unemployment immediately. As the unemployment office don't pay for the first week anyway. You can file over the phone or by internet, or go to their office.

The company will have to pay you your check wages plus interest on the time they used your money. File a claim right away.

Good luck

michr

what state do you work in?
in most states you must be paid on the normal pay-day for the last pay-period you worked during. in a very few states you must be paid sooner. without editing the question to include what state you can't get an accurate answer.

EDIT:
Sorry, just realized you are in California...............(my bad)
if you still have not received your pay then contact the state and file the wage claim.
you can print the form and get started on line at:
http://www.dir.ca.gov/dlse/Form1.pdf
instructions:
http://www.dir.ca.gov/dlse/HowToFileWageClaim.html

Judy

The time when they have to pay you depends on what state you are in - see http://www.nolo.com/article.cfm/objectID/7D5D0C62-9CB1-47F8-BA6C70E1318E65FE/111/259/188/ART/

If it's past that time, then I'd first either call again or send her a letter saying that if you don't have your paycheck by (some date around a week later) you will have to contact the state labor department - that might get her moving! And if it doesn't, then make the call - a number to contact should be on your state website.

Good luck.

thatartistwin

I do not know where you live but an employer does not have to pay you on the spot when being fired. In many cases, seperate accounting firms cut the checks or hourly stubs have to be submitted before a check can be cut. However, seven days is more than sufficient and clearly the employer is shady. Call the unemployment office because believe it or not they do handle these things.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: