Can my employer not pay me because she assumes I had possession of drugs during a shift

Question

I trained and worked somewhere for 2 days on my 3rd day I was told not to come in and then basically ghosted without pay. I reached out twice before a few texts saying she wanted to Address the drugs she found in a gum packet in “my” apron (there was a wall with a few hooks and unassigned aprons for anyone to use) i was surprised and confused asked if she could call and explain but never received a response I reached out 2 more time on separate occasion (assuming I was fired?) if I can pick up or is she mailing my check. No response and 2 months after I filed a wage claim and we have a conference next week. All of a sudden she calls wanting to settle outside of court. she “had the money ready  at the shop the whole time” and passively threatens  her lawyer said they’d use this drug thing against me. I think she thought she could get away with it and trying to scare me cuz I’m super cautious about violating my probation but regardless of reasons she still has to pay me for those days ??

Brad S Kane · Answer

Your employer must pay you for all time worked, whether or not you were using drugs on the premises. Further, the employer probably owes you 30 days pay as waiting time penalties for failure to pay upon termination.

Neil Pedersen · Answer

There is no lawful reason an employer can refuse to pay wages that were earned by an employee.  Furthermore, contrary to the implications of the answer provided to your earlier, you have the right to a wage claim whether or not the employer provided you with a valid reason for withholding. 
 
Threatening to "use the drug thing against" you may well be civil extortion.  More would need to be known.  Civil extortion is a tort giving rise to certain rights for you to sue her. 
 
You would be well served 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.

James L. Arrasmith · Answer

I am a California attorney. Under California law, an employer cannot withhold wages from an employee based on mere assumptions or allegations. If your employer failed to provide a valid reason for not paying you and did not respond to your inquiries, you may have a valid claim for unpaid wages. Filing a wage claim was the appropriate course of action, and settling the matter outside of court does not absolve the employer of their obligation to pay you for the days worked. Regardless of the allegations, your employer is still required to compensate you for the days you worked.

Q: Can my employer not pay me because she assumes I had possession of drugs during a shift