Legal Question in Employment Law in California

Stop Payment on Last Paycheck

My husband quit his job and submitted his hours, reminding their payroll they had 3 days to give him a check as they were late in paying his first check. His paycheck was sent to us then we received an email from their Payroll stating their was a discrepancy on the hours and a stop payment had been placed on the check. My husband filled in his timecard accordingly and wants to make sure he gets paid for work he has done. We fill they are withholding the money because the business owner's son and my husband didn't end on good terms. The last email we received from the son was ''let's meet in person and settle it man to man'' which doesn't sound like we are going to get paid fairly.

Any advice?


Asked on 10/13/05, 8:00 pm

2 Answers from Attorneys
Carl Starrett Law Offices of Carl H. Starrett II

Re: Stop Payment on Last Paycheck

I am always a little wary of someone who wants to settle things "man to man". I would go to the local labor board office and file a complaint.

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Answered on 10/19/05, 5:05 pm
Patrick Turner Patrick E. Turner Inc. APLC

Re: Stop Payment on Last Paycheck

The statement "settle this man to man" coupled with the difficulty of getting along with the owner's son sounds ominous. After a reasonable time, if your husband still hasn't been paid, you should contact the Division of Labor Standards Enforcement (DLSE) to file a complaint for unpaid wages and waiting time penalties. Alternatively, you may want to consult with a local employee rights attorney for assistance and to determine if there are any other claims that could be pursued.

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Answered on 10/19/05, 5:30 pm


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