Q: hypothetical question ? Let's say an recently resigned employee got his payroll recs and the numbers don't add up !

And this is also the same company who retaliated against said employee with proven adversed effects within the timeframe after said employee filed a health and safety complaint with Cal/osha then continued to discriminate and harass him even suspended him without pay for 3 weeks pending an investigation for unproven and false allegations forcing him to resigned & also withheld final pay even after more than proper 1 week notice of resignation

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

A: Unless you can prove damages, the fact that the employer has messed up the payroll records is probably not significant enough to make a lawsuit worthwhile.

If you can prove that you were retaliated against by being suspended and then terminated because you filed an OSHA complaint, you would have a meritorious legal claim for unlawful retaliation. The trick will be proving it. The timing itself will likely not be enough.

At this point 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.

Yelena Gurevich and Brad S Kane agree with this answer

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