San Jose, CA asked in Employment Law and Employment Discrimination for California

Q: What are proper steps to take ? Should I get a lawyer first?

So since working for employer I have had missing wages issues that never were addressed after a month of getting the run around I felt hopeless because the clock in were changing when I am well aware of my clock in times. Sunday was my normal schedule day and 4th of July landed on that day I was told I would be getting holiday pay time in a half and 3 out of 5 employees that went in to work that day got the holiday pay except me and another employee that was a lead , supervisor, and supervisor Son who had just been there 1 week. After getting no answer 2-3 weeks I was told we all weren’t gonna get it however the lead had showed me her pay stub and Supervisor son told. Supervisor wanted them to be quiet about it however it was to late I new. Other things I started to catch on to that I spoke up about not being fair and doing things that break the labor laws. Lastly I recently test positive for Covid and two days before my return I was terminated by lead and Supervisor that wasn’t approv

3 Lawyer Answers
Niran Grimberg
Niran Grimberg
Answered
  • Employment Law Lawyer
  • Valley Village, CA
  • Licensed in California

A: Under California Labor Code 1102.5, if you complain to your employer about something you reasonably believe to be unlawful, and the employer retaliates against you (in this case terminated you), you may have a case for whistleblower retaliation. I would recommend seeking a free consultation with an employment attorney so that they may assess whether you have any legally actionable claims. More facts would be helpful.

Maya L. Serkova
Maya L. Serkova
Answered
  • Employment Law Lawyer
  • Orange, CA
  • Licensed in California

A: You are entitled to recover all wages you think are owed to you plus the waiting time penalties. Complaining about the missing wages is a protected activity and it is unlawful to terminate an employee for engaging in this activity.

You have a few options available to you. You can send a demand to your employer or hire an attorney to send a demand for you or file a lawsuit, you can also file an administrative wage claim with the California Division of Labor Standards Enforcement. Each of these options has pros and cons.

I suggest you consult with an experienced employment law attorney who will further examine your situation and explain what option is better for you. You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employee’s rights. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

Sincerely,

Maya L. Serkova

Louis George Fazzi agrees with this answer

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

A: There is a great deal in your post that may lead to a meritorious legal claim against your employer. It would be a really good idea 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-charge consultation and then if the matter has merit and sufficient value, they 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.