Q: My son, a 17 yr. old minor was terminated and has not been paid for work completed. His boss has not been cooperative.
My son was terminated for requesting to get paid after several weeks of excuses. His employer has not provided his time sheets when requested making it difficult to complete our claim to the Labor commission. What steps can we take to resolve this?
A:
You can estimate the hours if you need to. You can make a demand for the time records pursuant to Labor Code section 225(b).
However, before you do that, consider getting a consultation with an employment law attorney. That attorney may well see other valuable claims available to your son, such as wrongful termination and unlawful retaliation. Also filing the claim in superior court will give your son's attorneys access to formal discovery processes that can force the employer to provide information and documents. And a superior court complaint has the ability to seek an order that the employer pay your son's attorney fees and costs.
Therefore, locate and consult with an experienced employment law attorney as soon as possible to explore your son's facts and determine his options. I would suggest you look either on this site in the Find a Lawyer section, 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 your son can hire an attorney without paying any money until the matter results in a positive outcome for him. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep him from finding a good attorney.
Good luck to you and to your son.
A:
Since your son was terminated, all compensation earned must be paid within 24 hours. As a result, your son is entitled to waiting time penalties of 1 day's pay for each day late up to a max of 30 days.
Your son is also entitled to paystub penalties under Labor Code 226 for failure to provide pay stubs.
Your son should send a written demand for his payroll records and employee file. Failure to timely provide each of those items, entitles your son to $750.00 in statutory damages plus reasonable attorney's fees.
Your son is also entitled to liquidated damages for failure to pay minimum wage equal to the unpaid amount of minimum wage plus reasonable attorney's fees.
Finally, your son can sue for unpaid wages in court or file a complaint with the Labor Commissioner.
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