Employer is Two Months Late With My Last Paycheck After Resignation

My question involves labor and employment law for the state of: Florida and California

I work on a consulting company in Florida
I was deployed to work in California

The company's client (in california) wanted to hire me and came up with an arrangement with my previous company (in Florida) where they paid a penalty to be able to hire me.

My Old Florida company used to pay 15 days delayed, it means: The work performed from 1st to 15th are paid until the 30th. So in my last day they still owe me one paycheck 15 days after.

Now after resigning, they told me that "for company policies" they won't pay me until August 15th (My last day was June 30th, my next paycheck should be issueed on July 15th, that's one MORE month later!) and ONLY if by then, my new California company pays all what they owe to them.

Is that legal? How can I protect me to get my last check in a timely fashion?

Thanks!!

Florida law would apply and absent that, federal law. While California is one of the most employee friendly states, Florida is not. All I can suggest is making a wage claim with the DOL at this point. And I am not sure that will resolve the situation any faster than 8/15, but at least that way if you don't get paid on 8/15 you already have a claim on file.

Did you sign any paperwork at resignation (since there was a new arrangement) that your last paycheck would be held until the new company paid the hiring penalty? Did you get a copy of that arrangement? Because I would think this would be spelled out in that arrangement if the old employer wanted to protect themselves. And yes, I have been personally involved in a situation where my spouse went from a consulting company to a client. It's not always as easy as it sounds.

Thanks for the quick answer.

No I did not resigned, the company just sent me a "Notification of separation" email but nothing else.

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Quoting erzerz

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Now after resigning, they told me....

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Quote:

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Quoting erzerz

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No I did not resigned....

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You asked a question that states that you resigned, then affirmed that you are describing events after your resignation. So did you resign or not?

Did you have a written agreement with your employer about pay periods? Florida does not have a law about final paychecks but, absent an agreement to the contrary, payment should normally still follow the regularly scheduled pay periods.

agree with Mr that normally it would be the next following payday, but have to wonder about a special agreement since these types of situations are fraught with agreements involving three different parties. In hindsight, I would not have suggested you resign until you knew for sure the client had paid the fee. I truly hope you didn't sign something on either side that will make you liable for that fee. Did you sign anything on the client/new employer side?

I gave verbal notice to my company. They called me to follow-up. I told them I will be signing the New company offer and in the deal between the companies they sent the offer signed by me. After that I got a "Notification of separation" email from the old company stating that my final check will be issued by mail and not until August 15th.

The Handbook of the company states "The company pays semi-monthly."

It also states:

"When an employee leaves THE COMPANY, his/her employment
ends on the last day physically worked. Wages due will be paid within the normal semi-monthly
payroll schedule. THE COMPANY reserves the right to withhold
from the employee’s final wages, the cost of any company property not returned, expense
incurred by the employee, or monies due to the company."

Hi.

I signed the offer from the new company. I did not signed anything else, not even my resign: I got a "Separation notice" from them instead.

You resigned. Whether or not you signed your resignation has no bearing on this fact. In law, a verbal resignation is exactly the same as a written resignation. The separation notice was simply the company's acknowledgement of your verbal resignation.

Regarding when you get your pay, you have been told that you may file a wage claim with the federal DOL. However, this may not make the final pay arrive any sooner than August 15 (again as you've been told).

"THE COMPANY reserves the right to withhold
from the employee’s final wages, the cost of any company property not returned, expense
incurred by the employee, or monies due to the company"

Who sent the signed offer letter to who? The new company to the old company? Who is "they" in that sentence"?

Seems to me that they are reserving this right because there is "monies due to the company" due to your decision to leave and to go to a client. You knew by your original post that the client company "paid a penalty" to hire you. While not the greatest argument, I could see where they believe monies are due to them. If the client fails to pay it, it seems like they think you will owe it. Whether the agreement/policy is legally enforceable is another matter. Again your only real choice is to file a federal wage claim.

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Quoting erzerz

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I work on a consulting company in Florida
I was deployed to work in California

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The only basis I can see for the Florida company's actions would be if you were an independent contractor and not an employee.

I assume that "deployed to work in California" means that you were living in California in order to work at the premises of the client in that state; in which case you should file a wage complaint with the Department of Industrial Relations.

I was an employee working under a W2.

I was, in fact, living in california because the Company's client is there and I was working in-place. But my company was in Florida.

So, should I file a wage complaint in Florida or in California?

Thanks for all your patience

Hi hr for me,

I signed the offer of the New company, this new company sent it to the Old company as part of the agreement to hire me and agreed to pay a penalty.

The "monies due to the company" I should believe that if I owe some money to them for a loan or damage to the company properties, bot does this apply to what my new company owes to them?

do you have a copy of that agreement to hire you and pay the penalty? Does it say you are responsible at all if they don't pay the penalty? that's where I would look....depends on the language of what you and they signed.

One other question -- how long have you be working "in-place" in California? Are you there full time or are you travelling back and forth?