Final Check was refused.

Final Check was refused.

I worked as an employee at a food store last month; I also quit because I found out the job was not for me. I emailed them on the 17th and stated that I quit the job and no longer want to work for them. They then called me the same day and left a voicemail saying that they do not accept emails. I then emailed them again on the 20th and I told them again that I am no longer working there and that I have already told them 3 days ago that I resigned, I also said in the same email my address and asked them to mail me my final check. They called again and said they do not accept emails. I then got an email on the 27th from them telling me that they do not receive emails from employees at this email address and that I need to come in and write a letter of resignation for them as well as sign paperwork to receive my final check. In California when an employee quits a job there check is supposed to be given to them by 72 hours. I asked them to mail it so I knew it would be at least 5 days tops for it to come to me. They never mailed it. I went into my old work on the 27th before I could even talk to anyone I had to write a letter of resignation. Then I was finally able to talk to someone. The guy that I was talking to I told him straight up that I want my check and I am leaving I do not need to sign anything. He then tried to tell me I have to sign to get my check after telling him that is illegal he sat down grunted a few times and his demeanor became hostile. I have a copy of the paperwork that they tried to get me to sign I did receive my check but only after they tried to make me jump through hoops and only after I told them it was illegal to withhold my check form me which they already did so. It says that I did not come into work on the 15th and that its considered a walk off, that is true i did not come in and it was a no call no show valid for termination. In which they have on this termination paper on the 27th, even thogh i told them that I quit on the 17th and I did not show up for work on the 15th or 16th which they marked as a no-call/no-show and marked it as a voluntary quit. If I am not mistaken that means that I was terminated/quit officially either on the 15th or 16th of august, as they have it on my termination paper. I am just wondering if there is any legal action I can take against them for with holding my check until the 27th. Roughly 10 days after I emailed them about me quitting my job i was also never told my check was available.

Asked on September 4, 2018 under Employment Labor Law, California

Answers:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.