I wanted to inquire about an unpaid bonus that was due on 1/26/17. After not getting paid the bonus on time for the month of December, I began to inquire with payroll if I had the right to make a wage claim and if I had rights to penalties and interest since I went more than 60 days without communication from payroll and the regional manager, until stressors from my work environment such as getting the silent treatment from management caused me to have unforseen illness and managed to contact the Labor Comissioners Office for information where they immediately sent me a packet for filing a unpaid wage with their office. My question is, can I still make a claim for penalties and interest although I’m still employed but on leave? The treatment after disclosing the unpaid wage law to other we employees has caused me to be fearful of returning to work, however I have not quit and took a short leave of absence until I see my PCP because I am aware the company is trying to suddenly push me to state benefits SDI.
Hi Adrian,
Thank you for your comment and question. I will focus my response on your question—whether you can still file a wage claim even though you’re still employed but on leave.
Yes, employees on leave have the same rights to file wage claims as employees who are not on leave. There is no requirement that you be actively employed to file a wage claim. Both current and former employees can file a wage claim if their wage and hour rights have been violated, as can employees on leave.
Of note, however, it is possible that some of the penalties in your case have expired. The statute of limitations for wage claims is generally three years. But the statute of limitations to recover penalties can be as short as one year.
You mentioned that the bonus was due on January 26, 2017, more than a year has passed. So it’s possible the statute of limitations has also passed to recover civil penalties (if any would have otherwise been available).
I hope this information helps. If you would like to learn more about filing a wage claim in California, check out our article on the subject: How to File a Wage & Hour Complaint in California.
Please remember that this information does not constitute legal advice and should not be relied on. Nor does it create an attorney-client relationship.
I wish you the best of luck in your situation!