Can the school district delay or withhold paying me my paycheck if my time sheet was turned in 1 day late?
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Can the school district delay or withhold paying me my paycheck if my time sheet was turned in 1 day late?
I am a substitute teacher with the Vallejo Unified
School district. Have been employed with them since
2008, as a full-time teacher, and now as the designated
substitute teacher, everyday at Franklin Middle School.
Earlier this month my father passed away, I was in a
fog for a few days and I turned my time sheet in 1 day
late. It was due 10/03 and I submitted it on the
10/04. Payroll department says because it was late,
that I will not receive payment for the 20 school days
that I worked for during the month of September, until
11/26/2019 which is unacceptable. They know that I in
fact have worked at the same school site everyday yet
they want me to wait 2 months for payment.
Asked on October 30, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
They can delay it by one pay cycle if you failed to get the timesheet in on time and therefore it could not be processed in a timely manner. But it should be paid on the next pay cycle after that: a two month delay is excessive. That said, assuming you have no doubts but that you will get the money, as a practical matter, there is nothing to do: any legal action you could take would likely take as longer or longer than two months anyway, and could cost you more time (and if you hire an attorney to help you) more money than it is worth. The law does not have good remedies for several week or even a month or two delays in payment, since legal process simply aren't fast or easy enough to implement in that time frame.
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