[CA] can i still file a wage claim after receiving a debit card as my final paycheck without prior approval?
quit my service job in Los Angeles on May 5th. the general manager asked me if i wanted my “final pay” mailed to me or would i rather pick the check up in person. i asked for it to be mailed to me.
i received a package from the company today, May 8th, with my final paycheck information and a detailed sheet to set up a prepaid debit card with my final pay. the company was comping the $2.99 to receive your money in minutes.
i never got asked about this debit card and emailed the manager with HR stating i was not taking this as my final paycheck considering i was never spoken to about a debit card. it’s illegal in california to send the card without approval from the employee. the head of HR immediately called me and tried to lie and say, “if you just follow the steps you can receive your money” and i told her i knew about this being illegal in california and said we are officially past the 72 hour mark. she immediately then offered to overnight a check but i guess UPS already closed down. they offered to direct deposit and the money won’t arrive until monday.
they also offered to cover the waiting time penalties (around $450) and doubled the amount with my final pay included.
i know they’re hoping i won’t still file a wage claim but just wanted to see what my legal options are? more than anything, i want to make sure this doesn’t happen to any of my other former coworkers as most of them are immigrants and probably don’t know their rights. This HR team has been working for 20+ years and know this isn’t legal.
Does them paying me the waiting time fee now take away my option to report this to the California Labor board?