Los Angeles, CA asked in Employment Law and Employment Discrimination for California

Q: My boss has been withholding my pay and refusing to let me work because I have not gotten a cdl permit

My salary contract does not state I am required to have a cdl permit

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

A: My answer is going to assume you are an employee and not an independent contractor.

Your employer is acting unlawfully by withholding any earned pay for any reason at all. You are to be paid for the time you worked. However there is nothing unlawful about the employer refusing to allow you to work. You are considered to be employed at will unless you have an agreement to the contrary about that status with the employer. The employer of an at will employee can change the terms and conditions of employment at any time and for any reason or even no reason at all. It does not matter if your agreement says nothing about the CDL requirement.

To get your earned pay, you can hire an attorney to demand payment, or you can file an administrative wage claim with the California Division of Labor Standards Enforcement, or you can file a lawsuit. Depending on how much money is involved, you may wish 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.

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