La Puente, CA asked in Workers' Compensation and Employment Law for California

Q: There was an accident in our workplace resulting the death of one of the worker. I was sent for 1 week break without pay

When I want to go back to work after a week, I was told that I look like I am not fit to work yet and take more some time off. I was not paid wages those days I was not working. I am entitled for those lost wages?

1 Lawyer Answer

A: This is a Wage Dispute (not a Workers Compensation claim...there was no on-the-job injury or disability described). You can go to www.dir.ca.gov and find the "WAGES" tab and that should lead you to "File a Wage/Earnings Dispute" and request a hearing to get a conference date. Sadly, you first have to attend an informal conference where a state employee brings the worker and boss together to settle informally; if the boss agrees to pay then you don't get a hearing (so they always agree then few pay), so you'll have to file again and demand an actual trial-style hearing and make up an evidence packet. I hope you have evidence that the boss ordered you off the job and refused to permit you to work. Another alternative : APPLY FOR UNEMPLOYMENT at www.edd.ca.gov and state that you were refused work beginning the date you were ordered to stay home... the employer has to answer those or pay.

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