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Can I Get A Further Unpaid Wage Payout Via A Claim If My Former Employer Attempted To Compensate Me But Has Failed To Deliver The Payment?

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Location: California

I posted a thread a few days ago but now I have much more information. is it likely I could get further compensation for unpaid/late wages, if I was technically already compensated for the appropriate amount at the time of the payment's creation, but due to negligence or incompetence I still have yet to actually receive the payment, effectively making the amount of time I've been unpaid much longer?

I was terminated from an extremely part time job at a retailer without notice, after contacting management multiple times about my schedule/general work app not working and late payment for my last shift, with nothing said about me being terminated. They never got back to me about unpaid wages. I checked my email, found that I was sent an exit survey which made me realize I was fired, and then I went to the ADP website to get more info. It seems like on October 17, (2 or so weeks after I received the exit survey email) there was a statement about a payment for my last shift + another 450ish dollars for CA wait time, I guess because of the delay they automatically gave it to me to defend against me filing a claim. It says a payment card was given instead of direct deposit, but I never received it in the mail. Was never notified of where it would be sent or anything just like I wasn't notified of my termination, they always paid me in direct deposit for my shifts.

Now, I called the store location after being given the runaround by the corporate number and the manager there said he talked to payroll and got a card loaded for me. His response made me think the payment was completely neglected, it didn't sound like it had been sent to the store at all. I went to the store to pick it up and lo and behold, the card didn't work. The support number said the card was already linked to a different name, and refused to help me any further.

The manager said that he would talk to them on Monday and that this has never happened before. At this point I'm pissed, the lack of communication and incompetence is crazy. I already wasted a ton of mental energy on this job trying to figure out what was going on before I even knew I was terminated, then trying to figure out what happened with my payment, and after finally receiving my compensation and thinking this was all resolved I now I have to wait and see if this issue can be actually resolved, and go all the way to the store again to pick my payment up

At this point, it's been a month since I was terminated. I also still have not received the payment, making the amount of time I have been unpaid 30 or so days. But it's a weird situation because there is a record of them attempting to pay me and they just failed to deliver it, rather than forgetting or attempting to not pay me. On the statement, it says the pay period is 10/5-10/11, but the "advice date" says 10/17 so I'm assuming that means that's when the payment was issued? I still am not even sure what the official last day of my employment was, I received an exit survey on 9/28 and again on 10/5, but I lost access to the app on the 5th so I think that's when my last day was. It's been a full month for sure

How would the law in California apply here? Would I be able to expect getting the full unpaid wage payout? And if I accept and receive the current payment for just a few unpaid days does that exclude me from any further compensation if I decide to pursue a claim?

Is it a good idea to try and file a claim before I go in to accept the payment assuming they're even able to fix it? Or in my communication with them have I already legally accepted the payment for the current amount?

I can provide a pic of statement or any texts if necessary

submitted by /u/gemini_sausage
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