Q: I have not received my request for payroll records or my commission check, I was terminated 22 days ago.How do I collect
I had earned my commissions as of my termination date (5/1/2018) and submitted written request for payroll records the same day. They are now past the 21 day period allotted for in labor code 432. How do I collect the $750 that I am owed per labor code 226 (b) and (c)? I think they will also fault on getting me my employee file but the 30 days is not up yet.
A: Penalties for failure to produce the requested employment records may be recovered by the Labor Commissioner or through a civil action. If you have unpaid wages you may also be entitled to recover the wages and waiting time penalties.
You should consider contacting an employment attorney to discuss your case and the available options in more detail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.