Richmond, CA asked in Consumer Law and Employment Law for California

Q: What should I do about this situation?

My employer Allied Universal Security suspended me because I complained and reported about being harassed, when I showed up to work on 12/08/2018 I was I was suspended indefinitely Allied Universal will not give me my paycheck, I know they are angry and are punishing me for reporting them, I have all the documents time, dates and who I contacted and complained to but I did not get any help from the higher ups, I need to get a attorney or do a pro bono and file a lawsuit against Allied Universal Security, Allied Universal Security have already been sued for discrimination and cheating their employees out of their pay, Allied Universal had to pay out millions the employees won the lawsuit against them, Allied Universal Security still have not given me my paycheck and I worked overtime and I worked hard Allied never gave me a reason why they suspended me they know I came to work everyday and was on time never late, they had no reason to suspend me or keep my paycheck.

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1 Lawyer Answer
William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: It is unclear what the "harassment" is and whether it qualifies for protection under CA law.

Your paycheck must be paid to you in the timeline set forth by CA law. "In California, wages, with some exceptions (see table below), must be paid at least twice during each calendar month on the days designated in advance as regular paydays. The employer must establish a regular payday and is required to post a notice that shows the day, time and location of payment. Labor Code Section 207 Wages earned between the 1st and 15th days, inclusive, of any calendar month must be paid no later than the 26th day of the month during which the labor was performed, and wages earned between the 16th and last day of the month must be paid by the 10th day of the following month. Other payroll periods such as weekly, biweekly (every two weeks) or semimonthly (twice per month) when the earning period is something other than between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned."

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=204.

https://www.dir.ca.gov/dlse/FAQ_Paydays.htm

If the employer has missed those deadlines, you can file a complaint with the Labor Board. You may even get penalties and interest.

https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

https://www.dir.ca.gov/dlse/Wage_Claim_forms.html

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