Final paycheck withheld for 2+ weeks after layoff from Martinez company - EDD and labor law questions

You need to file for unemployment ASAP regardless of your final paycheck situation. Those are two separate issues. For the paycheck, yes, CA law is clear - if you're laid off, they must pay you all wages owed immediately at termination. If they didn't, you're entitled to \

Thank you for this info! I had no idea about the waiting time penalties. Do you know if filing for EDD will affect my wage claim in any way? Also, if I file the wage claim, will it make things awkward if they call me back to work in a few months? They hinted that might happen when the new projects start.

Definitely file 4 EDD right away!! I had a similar situation last yr in Richmond. Company tried 2 avoid paying my final check for almost 3 weeks!!!! Dont wait on them to pay u b4 filing EDD, those r totally separate things. You can still get UI benefits even if u havent got ur last check yet.

I was worried they might be connected somehow. That's a relief! Did you have to do anything special on your EDD application about the missing final check? I'm stressed about filling everything out correctly.

This is completely illegal! I had this same problem with a company in Concord. You need to do three things RIGHT NOW:\n\n1. File for unemployment immediately, as others have said\n2. Send a formal email to HR and your supervisor documenting the issue and referencing CA Labor Code Section 201\n3. File a wage claim with the Labor Commissioner\n\nDON'T let them get away with this!! They owe you penalties for each day they're late. When I went through this, I ended up getting nearly $2,800 in penalties on top of my $1,500 final check because they waited 26 days to pay me!

WOW thats a huge penalty! didnt know they had to pay so much for being late! maybe thats why my old job always made sure final checks were ready same day lol

Typical corporate BS. They know exactly what they're doing - stringing you along hoping you'll give up. My cousin works in HR and says big companies do this all the time because most employees don't know their rights or follow through with claims. DOCUMENT EVERYTHING. Every call, text, visit. Names, dates, times. You'll need it all for your wage claim.

I've started keeping notes of everything now, but I wish I'd been more detailed from the beginning. They really seemed to be giving me the runaround yesterday when I went in person. The receptionist acted like she couldn't even find anyone in HR to talk to me!

If ur trying to reach EDD to ask about this situation, good luck getting through on the phone lines. I tried for 2 weeks straight when I had a similar issue last month!!! Kept getting the \

Thanks for this suggestion! I've been trying to call EDD since yesterday and haven't gotten through once. It's so frustrating because I have specific questions about my situation. I'll check out that video and see if it might help.

Just to clarify some misinformation I'm seeing... You have TWO separate issues here:\n\n1. FINAL PAYCHECK: This is a Labor Commissioner issue. If laid off, they must pay immediately. If you quit with notice, within 72 hours. If you quit without notice, within 72 hours.\n\n2. UNEMPLOYMENT: File your UI claim immediately. When reporting your last day worked and final wages, just report what you SHOULD have been paid. You can note that you haven't received it yet.\n\nFor EDD certification, you'll report wages when EARNED (when you worked), not when paid. So this delayed paycheck won't affect your UI claim timeline at all.

Thank you for explaining this so clearly! When I file my EDD claim, should I list the company's main HR line as contact, or my specific HR person who's not responding? And will I need to include pay stubs or anything when I file the wage claim with the Labor Commissioner?

my company tried this same thing last year!!! i called the labor board and literally THE NEXT DAY my check was ready!!!! try calling the Dir of industrial relations, they can light a fire under your employer QUICK!!! Don forget to get the waiting time penalties too!!

This is great advice. Sometimes just having an official agency make an inquiry is enough to get companies to suddenly \

im not sure but i think if u file 4 unemployment and then get ur final check later u might have 2 report that money??? anyone know if thats tru? dont wanna get in trouble for overpayment later

This is a common misconception. For UI purposes, you report wages when EARNED (when you worked), not when received. So your final paycheck would be for work performed before you were laid off, which means it doesn't affect your unemployment eligibility or reporting. You won't need to report receiving your final paycheck as income during your certification weeks because that money was earned during your employment period.

Did u guys sign any severance agreements when u got laid off? Sometimes companies will hold final checks until u sign all their paperwork, which is still illegal but they do it anyway. Make sure 2 check if there's any separation paperwork they're waiting on as an excuse.

They didn't give me any severance agreement to sign, just told me it was my last day and someone would

Quick update: I checked with my friend who's an employment lawyer. She says if you file a wage claim, the Labor Commissioner will also automatically assess waiting time penalties without you having to specifically request them. The penalty is your daily wage for up to 30 days. So if you were making $200/day, that could be up to $6,000 in penalties! Make sure to apply for unemployment right away though, that process is separate and takes time to get approved.

Wow, I had no idea the penalties could add up to that much! Just submitted my EDD claim online and I'm working on the wage claim form now. Thanks everyone for your help! I'll update once I hear anything back from either EDD or after filing with the Labor Commissioner.