EDD wages claim after getting late paycheck - should I cancel or continue?

Don't withdraw your claim! Even though you received your wages, you're entitled to waiting time penalties when an employer willfully fails to pay final wages on time. For each day your wages were late (up to 30 days), you can receive a penalty equal to your daily wage rate. The Labor Commissioner can still award these penalties even if you eventually got paid. The timeline varies, but expect 3-6 months before they schedule a conference. They're severely backlogged since the pandemic. Make sure to attend any scheduled conferences or hearings, even if you received your wages.

same thing happened 2 me last xmas. got fired from warehouse job and boss withheld final check for 2.5 weeks. I filed with labor and got my check plus 13 days of penalties! worth keeping ur case open 100%

WHATEVER YOU DO, DON'T CANCEL THE CLAIM!!! The labor board exists for EXACTLY this reason. Companies think they can just delay paying you and face zero consequences. My employer did this to me in 2023 - withheld my final check for nearly 3 weeks, then suddenly paid me right after I filed. I continued with my claim and got awarded an additional $2,480 in waiting time penalties (my daily rate x the # of days they were late). The whole process took about 4 months from filing to resolution in my case.

This situation is actually separate from your EDD unemployment claim, though you can have both active at the same time. For the wage claim, you'll likely receive a letter scheduling a settlement conference where a Deputy Labor Commissioner tries to resolve things without a hearing. If that doesn't work, they'll schedule a formal hearing months later. While waiting, make sure your EDD claim is properly filed and you're certifying regularly - the two systems don't communicate with each other.

Have you tried calling the Labor Commissioner's Office to ask about your specific case? I had a similar situation and found it helpful to speak directly with them. If you're having trouble reaching them (their phone lines are often jammed like EDD), you might want to try Claimyr.com - I used their service to get through to EDD about an unrelated issue, but I think they can help with reaching other CA government agencies too. They have a video demo showing how it works: https://youtu.be/JmuwXR7HA10?si=TSwYbu_GOwYzt9km Keep your claim active. Even partial payment doesn't eliminate the waiting time penalties they owe you for the delay.

wait why did u file a labor claim instead of calling ur district attorney??? my cousin works in hr and says DA office handles wage theft much faster than labor commission just fyi

make sure u keep track of those "unexplained deductions" too - they probably owe u for those on top of the penalties. my company tried to deduct damages from my last check which is totally illegal unless u signed something specifically agreeing to it

To address your original question about timeline: I filed a wage claim in September 2024, received an acknowledgment letter in October, had a settlement conference in December, and when that failed, had a hearing in February 2025. The decision came about three weeks after the hearing. So approximately 5-6 months total. However, timelines vary significantly depending on your local office's backlog. Some cases resolve at the settlement conference stage if the employer cooperates.

btw if ur applying for unemployment make sure u mention the late final paycheck issue when they ask about why u left ur job... doesnt hurt ur case at all

I went through something very similar last year and definitely keep your wage claim active! Even though you got paid, the waiting time penalties can be substantial - in your case at $21/hour for 38 hours weekly, that's about $159/day in penalties for each day they were late (up to 30 days max). Also document everything about those unexplained deductions - employers can't just randomly deduct money from your final paycheck without proper authorization. The $180 "merchandise" deduction sounds questionable unless you signed something specifically agreeing to it. One tip: when you eventually get your settlement conference or hearing scheduled, bring printed copies of all your emails, texts, and records of when you visited the store trying to get your check. This documentation really helps your case. The whole process is worth it - I ended up getting almost $3,000 in penalties on top of my wages.