longjongbongkingkong

Thank you all for the replies. I have a lot to read and consider. But you have a couple lawyers posting on the web that 401k should be in final wages, just like the vega website i included in the original post. Im trying to determine where these lawyers are getting that information

So i have a big question regarding final pay, and if my 401k should be included as final wages. I worked for home depot for 9.5 yrs, i am 100% vested in my account, valued at about 36k$. Home depot has been dragging their feet. I left home depot to go work for the state of california. I have called home depots benefits center multiple times and they will not cash out my 401k until after 30 days past my termination date. California law requires payment of "wages" on your final day if you gave enough notice, which i have. I emailed hd notice on 8/1/23 My final day was 8/11/23 I was talking to the HR Rep on 8/22 by email and she gave me the option for a check or to come into the store to get a payroll card for my sick and vacation time. i told her ill take a check. Home Depot decided to give me 32 hours of wait pay, which i am sure they calculated incorrectly. https://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm so at minimum, im owed 11 days pay, or 88 hours. But IF 401k counts as wages, then im owed the maximum pay out, 30 days or 240 hours of pay. Here is my check for the wait time. they probably just put a number in there. The state website says you calculate it on calendar days. https://www.dir.ca.gov/dlse/faq_waitingtimepenalty.htm https://ferrarovega.com/resources/what-are-waiting-time-penalties-in-california/ This is from their stupid guidance: It's probably violating california law: Does anyone have any information regarding 401k needing to be paid out on your last day of work of if its considered "Wages"?? Thank you!!