Q: My employer is claiming they overpaid me. But it’s all under “bonus” on my stub, do they have a right to take back?
They over paid me about 4000 $ but I never questioned it because it was in “bonus” on my pay stub. Not my hourly or my commission or my tips. This was back in April and I just filed a complaint with the labor board because they haven’t been paying us on time and I feel as though this may be a retaliation for that. My employer confronted me in the office saying I “stole” from them and they contacted the police and it’s grand theft and they are pressing charges. But there were no police present and they couldn’t even tell me exactly how much the check was over. I offered to pay back what was owed, especially if it was wrong. They said they want all the money up front and as a result I’ve lost my job, I’m pregnant (which they knew upon confronting me) and now they aren’t paying me my last paycheck either.
A:
Make sure you file a new complaint with the labor board for the retaliation the employer has taken against you for firing you and threatening you with theft, which is generally harassment in retaliation for filing your labor board compliant. You should also find a qualified attorney to handle your discrimination case, because you have also been the victim of discrimination due to being fired for the mixed motives of the retaliation for filing a labor board complaint and because you are pregnant.
Most good employment attorneys will want to take your case due to the egregious nature of the way your employer has treated you in these circumstances. Try calling Barbara Hadsell or Dan Stormer, of Hadsell & Stormer in Pasadena, or one of the many good employment discrimination attorneys in the San Francisco bay area.
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