Title: Unpaid wages
I work in California for [redacted] company that is a contractor for a hospital they are [redacted company name] on the 25th they were aware of that all of our checks were wrong r payday was the 26 and they failed to pay us the correct hours now they were refusing to send out new checks in a timely manner
I have done a little research and come to find that this company has done this many times before looking for a little help on what my next course of action ought to be my account manager cannot get the regional manager to cut checks looking for a little help here in [redacted city] California thank you so much
Hi Edward,
Thank you for your question. If you are looking for an attorney, please send us your information at info@worklawyers.net and we will follow-up with you privately.
If you are just asking for general information about your options, I’ll provide that here.
It sounds like your recent paychecks were smaller than what you are owed. It also sounds like it has been about 5 or 6 days, your employer is aware of the error, and they have not yet corrected it by paying you the outstanding amount. Is that right?
Assuming my understanding is correct and you are still employed by this company, you have a few options. The most common options employees pursue include:
- Resolving the dispute informally with your employer,
- Filing a lawsuit in court,
- Bringing an administrative claim for unpaid wages and penalties with the Labor Commissioner, or
- Contacting a lawyer to see if they can help.
In choosing between these and other options, there are a few things to consider.
First, if your employer has a repeated pattern of sending out incorrect checks, then resolving the issue informally will only solve the current paycheck issue. It probably won’t correct the company’s future behavior. So, this could continue to be a problem in the future.
Second, if this has only happened once or twice, your damages are likely small (although, because I don’t know all the facts in your situation, I can’t know for sure). If your damages are small, it might not make sense to file a lawsuit.
For many employees, the best option is filing a claim with California’s Labor Commissioner. The Labor Commissioner can impose penalties for these mistakes, even if your damages are small.
If an employer fails to pay their employees’ wages as required by law, they are subject to a civil penalty in the following amounts:
- First Violation. For any initial violation, the employer must pay $100 for each failure to pay each employee.
- Subsequent Violations. For each subsequent violation, or any willful or intentional violation, the employer must pay $200 for each failure to pay each employee, plus 25% of the amount unlawfully withheld.
In general, these penalties are payable to the State of California, not the employee. But they could help dissuade your employer from making mistakes in the future.
We have explained the process of filing a complaint with the Labor Commissioner in our article: How to File a Wage & Hour Complaint in California.
Contacting a lawyer to analyze the specific facts of your situation might also be a good idea. They can tell you whether yours is the kind of case that would make a good lawsuit or whether some other approach might be best.
Anyway, I hope this information helps. If you would like to learn more about California’s laws surrounding unpaid wages, please see our article: The Law on Late & Unpaid Wages 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!