North Hills, CA asked in Employment Discrimination and Employment Law for California

Q: Can I sue a company for a person handling my check and that person was no part of my work

Plus when I signed for my check he only gave me an amount out of my check he did not give me my whole check also the third week when I got my check I went for myself and he got mad and fired me so now I'm thinking he's my boss and I got fired but he was nothing to the company I learned to find out that the company company said I quit when I didn't I got fired by my so-called boss come to find out my so-called boss had no Authority to fire me because he was nothing to the company but I did not know that

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: Contact the Labor Commissioner and file a claim to get paid all of your pay. Here's the link:

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

Copy and paste the link in your browser, and follow the instructions to file a claim. Scroll down until you see the heading Workers, then click the link to file your wage claim.

The Labor Commissioner's job is to make sure all employees get paid their wages. Make sure you include all the facts you mentioned here, and provide details regarding the date(s), names of witnesses, who did what and when.

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: Generally a company can have anyone it designates to act as its liaison with its employees. It does not have to use an employee to deliver checks, render pay, or even discipline or terminate employees. You therefore cannot sue the company for using a non-employee agent to pay you or terminate you.

As to the later position of the company that this person did not have the authority to terminate you, that issue will be resolved by looking at the overall situation. If this person had been given the apparently authority to speak on behalf of the company, the company cannot later try to avoid his actions by then claiming he was not authorized.

If you are still missing pay, your most practical approach will be to file an administrative wage claim with the California Division of Labor Standards Enforcement, also known as the Labor Commissioner's Office. See here for more information about how to do that: https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

It might be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.

Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.

Good luck to you.

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.