Rancho Cucamonga, CA asked in Employment Discrimination and Employment Law for California

Q: My employer refuses to pay, says she has video me using drugs at work, she allowed us to do. Can that be used against me

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

A: Your employer must provide you with all pay due to you on your regularly designated pay day, period. You can be terminated or disciplined for the conduct it claims you engaged in, whether or not it is truthful, but it can never punish you by holding your pay.

If you are terminated, you are entitled to your final paycheck on the day you are terminated, and if you have to wait longer to get your money and you can prove the withholding is willful, you will be entitled to your pay plus Waiting Time Penalties equal to one day of pay for each day you are made to wait, up to a total of 30 additional days of pay.

Good luck to you.

1 user found this answer helpful

Brad S Kane
Brad S Kane
Answered
  • Employment Law Lawyer
  • Los Angeles, CA
  • Licensed in California

A: Your employer can fire or discipline you for using drugs at work, but the employer must pay you for all time worked.

1 user found this answer helpful

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