EDD benefits while fighting for final paycheck - employer withholding until next month!
I just got laid off from my healthcare admin position last Thursday with no warning. When I went to pick up my final paycheck today, the payroll manager told me I won't receive it until the next regular pay cycle on September 15th (almost 4 weeks away!). I thought California law requires employers to pay terminated employees their final wages immediately at termination? This can't be legal, right? I've already filed for unemployment and have my phone interview scheduled next week, but I'm seriously stressed about making rent next month without this final check (it's about $2,300 with my unused vacation time). The HR person just shrugged when I mentioned the labor code and said "that's our policy." Has anyone dealt with this before? Should I mention this issue during my EDD interview? I'm worried that fighting for my paycheck might somehow impact my unemployment claim. Any advice on handling both situations would be super helpful!
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GalacticGuru
You're absolutely right about CA labor law. If you were terminated (which you were), your employer MUST give you your final paycheck immediately at termination, including all unused PTO/vacation time. Not next pay period. Not 72 hours later. IMMEDIATELY on your last day. They are 100% violating labor code section 201. You should file a wage claim with the Labor Commissioner's Office ASAP. Google "DLSE wage claim" and you'll find the form. This won't affect your EDD claim at all - these are completely separate issues. Keep documenting everything!
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Liam Fitzgerald
•Thank you so much for confirming! I wasn't sure if I was misremembering the law. I'll definitely file that wage claim today. Do you think I should also mention this to the EDD interviewer next week, or just keep the issues separate?
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Amara Nnamani
omg this happened 2 me at my last job!! they tried to hold my check for 3 weeks and i was so mad!!! i called and threatend to report them and MAGICALLY they found a way to cut my check the next day lolol. dont let them push u around!!
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Liam Fitzgerald
•That's good to hear they finally paid you! Who did you threaten to report them to specifically? I'm wondering if I should try calling payroll again before filing the formal complaint.
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Giovanni Mancini
As others have said, CA Labor Code 201 is very clear about this. What your employer is doing is illegal, and they may end up owing you waiting time penalties (up to 30 days of wages) if they don't pay you immediately. For your EDD claim, this issue won't negatively impact your eligibility for benefits. However, make sure you report any wages correctly when you certify for benefits. The final paycheck represents wages for time already worked, so it shouldn't affect your UI benefits. Keep detailed records of: 1. The date you were terminated 2. All communications with your employer about the final paycheck 3. Names of people you spoke with 4. Copies of any written policies they mentioned This documentation will help with your wage claim. Good luck!
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Liam Fitzgerald
•Thank you for the detailed advice! I'm definitely going to keep records of everything. I'm a bit worried about the penalties part though - I don't want to cause a huge problem with my former employer since I might need them as a reference. But I also really need that money now, not in September.
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Fatima Al-Suwaidi
THE SAME EXACT THING HAPPENED TO ME LAST YEAR!!! My supervisor at the hospital said "company policy" is to pay on the regular cycle. I told her that state law trumps company policy ANY DAY OF THE WEEK. They tried to act like I was being difficult but I stood my ground and got my check 2 days later. These HR departments think we don't know our rights but WE DO. And waiting time penalties are NO JOKE - they can owe you big time if they drag this out. Don't back down!!! Also, EDD doesn't care about this fight. Your unemployment is separate from this wage issue. Get what's yours!
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Dylan Cooper
•yup HR departments always try this stuff. they count on people not knowing the law. i work in payroll (not HR) and we ALWAYS cut final checks same day for terminations because the penalties are crazy expensive if we don't
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Sofia Morales
You need to know that waiting time penalties can add up FAST. California labor code says they can be liable for up to 30 days of your regular wages as a penalty. So if you make $20/hour and work 8 hours a day, that's potentially $4,800 in penalties alone! I had to deal with trying to reach the Labor Commissioner's office last year for a similar issue, and it was almost impossible to get through on the phone. After days of trying and getting the "maximum callers" message, I finally used Claimyr (claimyr.com) to get through. They have a service that helps you reach government agencies when the lines are busy. Saved me so much frustration. They have a video showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Don't worry about your UI claim - it's totally separate from your wage claim.
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Liam Fitzgerald
•Thanks for the tip about the call service! I tried calling the Labor Commissioner this morning and couldn't get through. I'll check out that site if I keep having trouble. Those waiting time penalties are no joke - maybe I should mention that calculation when I email HR tomorrow.
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StarSailor
just wondering - were u fired for cause or laid off? cuz if u were fired for misconduct u might have trouble with edd even tho ur right about the final check thing. my brother got fired for attendance and still got his final check right away but edd denied his claim for like 6 weeks before he appealed
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Liam Fitzgerald
•They called it a "position elimination" so I think it's technically a layoff. They didn't give me any warning or performance issues before letting me go. I'm hoping that means I won't have any issues with EDD approval, but I'm nervous about the interview next week.
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Giovanni Mancini
•A "position elimination" is definitely a layoff, not a termination for cause. You should qualify for UI benefits without any issues as long as you meet the other eligibility requirements (sufficient base period wages, ability to work, actively seeking work, etc.). The EDD interview is likely just a standard part of the process to verify the circumstances of your separation.
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Amara Nnamani
btw my friend works at a college and they pulled this exact same garbage!! must be something about educational institutions thinking they're above the law?? anyways she called the labor board and filed a complaint and magically they found a way to cut her check. higher education hr is THE WORST
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Fatima Al-Suwaidi
•EXACTLY! Educational institutions and hospitals are THE WORST about following labor laws. They think because they're "doing good work" they can ignore basic employee rights. I've worked in both sectors and the entitlement from management is UNREAL.
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Dylan Cooper
Quick question - did they give you any paperwork when they terminated you? There should have been something explaining your COBRA benefits, final pay info, etc. If they mentioned the delayed payment in writing that could be helpful for your wage claim.
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Liam Fitzgerald
•Yes, they gave me a packet with COBRA info and a letter confirming my termination date. The letter doesn't say anything about when I'll get paid though. I do have an email from HR from yesterday where they state the September 15th pay date - would that be useful evidence?
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GalacticGuru
•That email is PERFECT evidence for your wage claim! Make sure to include a copy when you file with the Labor Commissioner. It shows they're knowingly violating the law by explicitly stating they won't pay you until September. Keep all documentation like this - it strengthens your case significantly.
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Dmitry Ivanov
i wonder if they wer suposed to give u unepployment pamflet too when they fired u. my company always gives them out when people leave. might b another violation??
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Giovanni Mancini
•Yes, California employers are required to provide the "For Your Benefit" pamphlet (DE 2320) to all employees who are laid off, discharged, or placed on leave of absence. If OP didn't receive this, it's another violation, though a much less serious one than failing to provide the final paycheck immediately.
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GalacticGuru
One more thing to consider - while you're fighting for your final paycheck, make sure you're diligent about your EDD claim requirements. Remember to: 1. Complete your bi-weekly certifications on time 2. Register for CalJOBS if required 3. Keep records of your work search activities 4. Be available for the phone interview Missing any of these steps could delay your benefits. I've seen people get so focused on wage claims that they miss certification deadlines and create new problems for themselves.
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Liam Fitzgerald
•Thank you for the reminder! I did create my UI Online account yesterday and am waiting for my first certification date. I've already started applying for jobs so I'll make sure to keep track of those for my work search requirements. I definitely don't want to mess up my UI benefits while fighting this paycheck battle.
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