I voluntary terminated a position, about 2 1/2 years ago. During my time there I left in good terms and placed a courteous two week notice. My employer paid all my wages, including vacation and sick time, prior to my last day of employment(so I thought).
A week ago, I received a letter from prior employer, stating that they made an error in calculating overtime and bonus period wages, during my employment, in which I should expect a supplemental payment.
Technically speaking, they didn't pay wages in full by my last date of employment, therefore out of compliance. Is there a case for penalties or wage claim with the department of labor ?
As indicated above, you would need to show that it was willful, which wil be hard given the facts that you provided.
Waiting time penalties are available only where you can prove a willful withholding of wages at the conclusion of employment. I would think you would have a hard time getting a court or administrative law judge to conclude this was willful withholding given that the employer voluntarily provided you with the pay once it realized that a mistake had been made.
Good luck to you.
