Title: unclaimed wages
I recently went to jail and when my wife went to go try to grab my check they informed her that it was sent to my last known address. needless to say I could not bail out.
When I was released not even a month later I went to my works office and the story then changed to that they sent it to unclaimed wages.
I have yet to receive my last check and its now been about two months? is this legal??
Hi Stephen,
Thank you for your question. In general, businesses in California are required to send wages or salaries that have remained unclaimed by the employee for more than one year to California State Controller’s Office. (Code Civ. Proc., § 1513, subd. (a)(7).) I’m assuming that is what you mean when you said “they sent it to unclaimed wages.”
If your wages became due and payable only a month or so ago, then your former employer appears to have been premature in sending your wages to the unclaimed property fund. Have you tried searching for your funds on California’s unclaimed property website? It is available here: https://ucpi.sco.ca.gov/UCP/
If they never sent you your final check and they prematurely sent your check to the Controller’s Office, and if they are now refusing to pay you your final check, it is possible that they owe you a penalty for failing to provide you with your final wages on time (in addition to your final check amount). This penalty is called a “waiting time penalty.”
To be honest though, I’m not sure if a waiting time penalty would apply in your situation because it sounds like your former employer claims to have made a good faith effort to give you your final wages, but were unable to do so because you were incarcerated.
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!