Fired,given last paycheck not paid minimum wage

[shessoshy]

Jurisdiction

California

I was terminated March 5th , was given a check and told it included the salary for the rest of the month . Here is the issue , since January when minimum wage went up , my salary did not reflect the proper amount . Being that I am still owed the difference for 3 months underpayment does that mean I can include the penalty for having to wait for all wages I was due at time of termination ?

 

[adjusterjack]

Ask your former employer for the money you think you are owed.

 

[zddoodah]

I was terminated March 5th , was given a check and told it included the salary for the rest of the month . Here is the issue , since January when minimum wage went up , my salary did not reflect the proper amount .

So...you were paid a salary for three months of work even though you only worked two months and five days. January had 31 days and February had 28 days, so that's 64 days. However, 21 of those days were weekends or federal/state holidays, so you worked 42 work days. Right? What was the gross salary you received for the three months, and how many hours did you work during those 42 days? Regardless of the fact that you were salaried instead of paid an hourly wage, were you an exempt or non-exempt employee (if you don't know the answer to that, just tell us what your job was)?

does that mean I can include the penalty for having to wait for all wages I was due at time of termination ?

Include it in what? What penalty?

Have you discussed this matter with your former employer and requested what you believe you are entitled to?

 

[shessoshy]

So...you were paid a salary for three months of work even though you only worked two months and five days. January had 31 days and February had 28 days, so that's 64 days. However, 21 of those days were weekends or federal/state holidays, so you worked 42 work days. Right? What was the gross salary you received for the three months, and how many hours did you work during those 42 days? Regardless of the fact that you were salaried instead of paid an hourly wage, were you an exempt or non-exempt employee (if you don't know the answer to that, just tell us what your job was)?




Include it in what? What penalty?

Have you discussed this matter with your former employer and requested what you believe you are entitled to?

So...you were paid a salary for three months of work even though you only worked two months and five days. January had 31 days and February had 28 days, so that's 64 days. However, 21 of those days were weekends or federal/state holidays, so you worked 42 work days. Right? What was the gross salary you received for the three months, and how many hours did you work during those 42 days? Regardless of the fact that you were salaried instead of paid an hourly wage, were you an exempt or non-exempt employee (if you don't know the answer to that, just tell us what your job was)?




Include it in what? What penalty?

Have you discussed this matter with your former employer and requested what you believe you are entitled to?

An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. Mamika v. Barca (1998) 68 Cal.App4th 487 An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due. If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. However, a defense that is unsupported by any evidence, is unreasonable, or is presented in bad faith, will preclude a finding of a "good faith dispute". Labor Code Section 203 and Title 8

 

[shessoshy]

An employer who willfully fails to pay any wages due a terminated employee (discharge or quit) in the prescribed time frame may be assessed a waiting time penalty. The waiting time penalty is an amount equal to the employee's daily rate of pay for each day the wages remain unpaid, up to a maximum of thirty (30) calendar days. Mamika v. Barca (1998) 68 Cal.App4th 487 An employee will not be awarded waiting time penalties if he or she avoids or refuses to receive payment of the wages due. If a good faith dispute exists concerning the amount of the wages due, no waiting time penalties would be imposed. A "good faith dispute" that any wages are due occurs when an employer presents a defense, based in law or fact which, if successful, would preclude any recovery on the part of the employee. The fact that a defense is ultimately unsuccessful will not preclude a finding that a good faith dispute did exist. However, a defense that is unsupported by any evidence, is unreasonable, or is presented in bad faith, will preclude a finding of a "good faith dispute". Labor Code Section 203 and Title 8

Ignorance of the Law is not a defense.

 

[zddoodah]

Let me try this again:

1. So...you were paid a salary for three months of work even though you only worked two months and five days. Correct?

2. January had 31 days and February had 28 days, so that's 64 days. However, 21 of those days were weekends or federal/state holidays, so you worked 42 work days. Right?

3. What was the gross salary you received for the three months, and how many hours did you work during those 42 days?

4. Regardless of the fact that you were salaried instead of paid an hourly wage, were you an exempt or non-exempt employee (if you don't know the answer to that, just tell us what your job was)?

5. Have you discussed this matter with your former employer and requested what you believe you are entitled to? If not, why not? If so, what happened?

 

[adjusterjack]

Ignorance of the Law is not a defense.

If you already know the law, why are you here?

Don't spout law to us if you haven't asked for the money.

Ask for the money and spout the law to your former employer where it's likely to do more good than it would do you spouting it here.

 

[shessoshy]

When does the higher penalty for a willful or intentional violation apply?
A willful or intentional violation includes all employment practices engaged in deliberately or knowingly rather than accidentally or inadvertently. Evidence of an intentional failure to perform an act required to be done is all that is required and does not depend on the ability to show an evil purpose or intent to defraud. Ignorance of the law is not a defense and does not excuse an employer's violation. ""
Above is from the DIR dotGov site. If you notice the last sentence,, I was not saying that towards anyone . Thanks

 

[army judge]

Ignorance of the law is not a defense and does not excuse an employer's violation.

Fortunately, that sentence is akin to a "Bowie" knife, it's sharp blade cuts BOTH ways.

"employee beware"

English to Latin

"caveat molestie"

 

[cbg]

You are due wages at the rate of no less than minimum wage (the higher of state or Federal) for all the time you actually worked. Regardless of what you were told the check was for, you are not due a single penny of wages for any time after March 5, unless you have a legally binding and enforceable contract that says you are. If you were paid for less than minimum wage up to (but not exceeding) March 5, you can file a wage claim with the state for the amount that you did not get, and you may ASK for the waiting time penalty. However, the state, and only the state, will decide if you are due it. It's not yours simply for the asking, and it is not due on wages you did not earn.

 

[zddoodah]

I guess you're not going to answer the important questions I asked, so I'm done.

 

[shessoshy]

Heavy equipment mechanic, Written offer of employment, my own hours/days as long as equivalent to 40 hrs per week , no paid overtime . Salary amount was offered as a yearly amount(I know...) . On pay stubs it says salary .
The year prior to 2025 , minimum wage went up it took him 6 months then he deposited the difference to my bank and sent me an email saying a correction to my pay had been fixed .