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Settling a Claim for Late Payment of Final Paycheck

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  • 04-16-2012, 12:56 PM
    ipunchfish
    Settling a Claim for Late Payment of Final Paycheck
    My question involves labor and employment law for the state of: CALIFORNIA

    Preamble: I left my company suddenly and it took a month to get my last paycheck to me. I was in contact with the HR person over this period asking for it. I received it when I said I was going to submit a claim against them. As I understand it, they had 72 hours to get me the check and that did not happen.

    Long story short, months later I have a hearing and my company is lawyered up. They want to settle for an amount that is less than half of what is possible (I say possible because I don't exactly know what else could be awarded). I have a day wage and that wage is being paid for every day they were late (which is around 30 days I guess). This is labor code 203. There is also something else on here stating damages to labor code section 1194.2 in amount equal to any unpaid minimum wages. I don't know what this means.

    My question is: should I renegotiate the settlement or go through with the hearing? Does the 30 days include weekends or just business days? Is there a chance the liquidated damages will exceed or go below what I am expecting?

    What should I expect in the hearing? Is the other lawyer going to pull something to get this thrown out or anything? What can I expect if I have as much documentation as I can possibly get?

    Thank you so much for your time. I appreciate it.
  • 04-17-2012, 05:27 PM
    ipunchfish
    Re: Settling a Claim for Late Payment of Final Paycheck
    We settled.
  • 04-18-2012, 05:56 AM
    ESteele
    Re: Settling a Claim for Late Payment of Final Paycheck
    Can you tell us what was the maximum amount you could have potentially recovered from your former employer? What percentage of this maximum amount did you receive in settlement?
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