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Questions Answered by Francis X. Pray
1 Answer | Asked in Employment Law for California on
Q: Company won't give me my last paycheck

the company that I work for is closing my store for no apparent reason our last scheduled day of work is October 28th the company is refusing to give us our last paycheck on the last day. stated we need to wait 2 weeks. Also we have not been given any sick pay since law went into effect. And for... Read more »

Francis X. Pray
Francis X. Pray answered on Oct 21, 2015

California Labor Code Section 203 provides for 30 days of continuing pay as a penalty for failure to pay wages due at time of termination. Go to http://www.dir.ca.gov/dlse/howtofilewageclaim.htm to learn how to file a claim with the Labor Commissioner. Bankruptcy is a real risk in your matter.... Read more »

1 Answer | Asked in Employment Law and Lemon Law for California on
Q: Hello, I recently left my job due to sexual harassment and belittlement at the work place. What lawyer would I go to??

Caused me anxiety in finding another job.

They wont settle up with me on my last checks.

I was with the company for 4 years.

Just really need some help.

Thank you.

Francis X. Pray
Francis X. Pray answered on Sep 15, 2015

When choosing an attorney for this legal issue consider: specialization, experience, results, character, compatibility. You want an attorney with a verdict or two in a sexual harassment case because the defense counsel will do a background check and even make calls to other defense attorneys who... Read more »

1 Answer | Asked in Employment Law for California on
Q: I have been refused unclaimed PTO pay. This should be illegal in California - does being an intern make any difference?

I have spent one year working as an intern in California. The contract specified a rate per hour and gave PTO. I did not use any of this owing to only taking days in lieu after working many hours overtime.

At the end, I was told I would not be paid my PTO owing to a 'use it or lose it'... Read more »

Francis X. Pray
Francis X. Pray answered on Aug 18, 2015

PTO is the equivalent of wages earned, and must be paid immediately on termination of employment. PTO can be capped, but it cannot be forfeited -- i.e., the "use it or lose it" policy is illegal in California. Compensatory Time Off [CTO] must meet California conditions: Labor Code Section 204.3:... Read more »

1 Answer | Asked in Employment Discrimination for California on
Q: laws protect certain classes from workplace abuse, why not everyone?
Francis X. Pray
Francis X. Pray answered on Aug 18, 2015

Workplace abuse is sadly common. As much as a society would like functional and civil work environments, not all bad behavior can be regulated by the courts. The state and federal legislatures have elected to focus their credibility and resources by enacting laws aimed at the most pernicious of... Read more »

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