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Indefinite Furlough Notice-Question About Monies Due
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Indefinite Furlough Notice-Question About Monies Due
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
My home state is California
I was recently put on an indefinite furlough with no definitive date to return to work. I was told that I could file for unemployment and there might be work in about 4-
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Forums » Topic Forums » Legal Forum » Indefinite Furlough Notice-Question About Monies Due
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Indefinite Furlough Notice-Question About Monies Due
posted at 8/29/2009 5:41 PM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
Yes. I'd also report that to the Labor Commissioner. You are due all wages upon your date of termination per California law. For every day of delay, you are entitled to an additional day of wages.
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Indefinite Furlough Notice-Question About Monies Due
posted at 8/30/2009 6:35 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
I think your former employer is playing fast and loose with terms in order to avoid its legal obligations.
In cases involving lay off, furlough, termination, etc (there's a couple of exceptions in Cali wage and hour law but not many), your employer is required to give you all wages owed on your last day of employment. If that did not happen, then there are penalties as noted above. If the pay checks were actually for some kind of payment beyond your last day of work, then all well and good. But if that was pay earned before your last date worked, then you should've had that in hand when you left the workplace on that last day. |
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Indefinite Furlough Notice-Question About Monies Due
posted at 8/30/2009 8:15 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
I would ensure that the "labor board" people (DLE) are aware of the lateness of your recipt of payment as you are due monies for that. I would also push the vacation isue with the DLE as you are due that as well. |
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Indefinite Furlough Notice-Question About Monies Due
posted at 9/1/2009 11:32 AM EDT
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Posts: 10
First: 8/25/2009 Last: 12/10/2009 |
One last question. Does anyone recommend that I write a letter offcially requesting my vacation pay first? The reason I ask is because it will take anywhere from 30-45 days for the DLSE to handle the case. Plus, I saw that specific question on the wage claim form, " have you requested your pay from your employer?"
The letter would have to referance some type of law right? Thanks |
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Indefinite Furlough Notice-Question About Monies Due
posted at 9/1/2009 11:37 AM EDT
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Posts: 3870
First: 2/12/2002 Last: 11/2/2009 |
Since there's so much at stake here, I'd recommend you contact a local employment law attorney. It might cost you a couple of hundred, but a letter from an attorney generally gets way more attention.
Besides, the attorney can advise you on the pros and cons of any action you might take. |
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Indefinite Furlough Notice-Question About Monies Due
posted at 9/3/2009 5:10 AM EDT
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Posts: 155
First: 8/24/2009 Last: 2/9/2010 |
I would avoid the attorney for now.
1) he/she will either charge you a fee or take a percent of any monoies recovered plus expenses. 2) DLE is free, 3) even if you hire an attorney it will take time and 4) DLE in CA is just as good as an attorney. |
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