Pleasanton, CA asked in Employment Law and Employment Discrimination for California

Q: if you sue an employer for not paying wages or breach of contract but now no job will you be compensated for that

i work for a company they gave me an offer letter with how much i will be paid, i left my job to work for them to get a certain pay after 30 days probation they were supposed to give me more every month after i asked for it they started treating me badly and took away all my store i was allotted to make commission and the son of the owner continuously swoops in and makes the big orders and then they say i don't get the commission i was told via email twice i will get commission on all sales in my stores no matter who does the order and now they are not upholding their promise. I work a lot traveling 3-5 hours sometimes and they were not compensating me for hotel stay or meals or gas. now they took my commission down to 3 percent from 10 and said they are giving me an hourly wage instead of the salary i was promised and hired another girl and gave her all my profitable stores. all this after i told them i was working a lot of hours and not getting compensation do i have a case

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

A: In California all employees are considered to be employed on an at will basis unless there is an agreement to the contrary about that status with the employer. The employer of an at will employee has the legal right to change the terms and conditions of employment at any time and for any reason or even no reason at all. The change merely has to be announced to you before the effect of the change can occur.

That means things promised to you at one point can be changed, as long as you have not already performed the work to earn the money promised. But from that point forward, the change can be effective, even if it is different than was promised to you.

That said, if you can prove that they made false representations to you to entice you to move to their company, there could be a viable claim. However you will have to prove they knew the representations were false when they were made.

Regardless of these issues, you were entitled to be reimbursed for all costs incurred to carry out your work for this employer. You have a meritorious claim for return of those expenses.

Good luck to you.

James L. Arrasmith
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Answered
  • Employment Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If your employer has not paid you wages as stated in your contract or has breached the contract in any way, you may be able to take legal action. If successful in your claim, the court may order your employer to compensate you for the unpaid wages or other promised forms of compensation. However, the outcome of your case can depend on various factors, so it's essential to seek legal advice from a professional who can provide guidance based on your specific situation.

Louis George Fazzi
Louis George Fazzi
Answered
  • Employment Law Lawyer
  • Jess Ranch, CA
  • Licensed in California

A: I suggest you contact an employment attorney as soon as possible. Do not sit on your rights. You can find good lawyers at the California Employment Lawyer's Association (CELA). You can look up their website.

I suggest that you prepare a chronological statement of what happened to you, and identify all witnesses and documents, which support your claim that; will make it easier for any attorney to review your possible case.

You can also contact the labor commissioner's office at the state of California Department of Industrial Relations, because they enforce the labor laws and make sure that employers pay their employees what they are entitled to be paid. You may have other rights involved as well, especially if you had to move in order to take the job.

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