Q: how long do i have to wait to receive my last paycheck after my boss verbally tells me to not come back to work anymore?
My boss thinks that i am involved in the theft of a company truck, which, of course, i am not. He has openly accused me and verbally threatened me with violence in front of other employees until finally telling me not to come back to work. The theft occurred about a week before i was told to not return to work. i was also told i have to wait for two weeks for my last check. Christmas bonuses were allotted for each employee except myself prior to being told to not return to work. I believe i have been looked down upon because i am an American citizen in a company that only hires foreign workers and the only reason i was hired was because the Covid situation made it impossible to recruit out of country.
A: If you work for a non-governmental employer in California, you are to be given you final wages on the day you are terminated. If your employer willfully refuses to provide you final wages on that day, you are entitled to Waiting Time Penalties equal to on day of pay for each day you are made to wait up to a total of thirty additional days of pay.
Whether a Christmas bonus is owed depends on the company policy and practice. It you have to be employed at the time the bonus is distributed to employees to get the bonus, then you will not be entitled to that bonus. More, therefore, would need to be known about what you mean by the bonus being allotted, and whether that is the trigger for the bonus to vest in you or not.
As to your belief that national origin or race discrimination was the reason for your termination, more than mere suspicion or statistics would be needed to win such a claim. If you believe that such an allegation can be proved, then it would be wise 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, 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 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.
A: Zero hours. When you are terminated, you are entitled to receive your final pay at the time of termination. You are entitled to waiting time penalties of a day's wages up to 30 days for any delay. File with the Labor Commissioner right away. Get help from a local Employee's rights attorney.
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