Q: What can i do about not getting paid minimum wage? And quitting because the owner refused to give me a raise?

A: You are entitled to the minimum wage compensation for all hours worked. You may also be entitled to derivate Labor Code violations and penalties.

You also may be entitled to loss of wages if you can prove constructive termination. A claim for constructive termination occurs when the employer's conduct effectively forces an employee to resign. These types of claims are fact-specific. A lot of details need to be known to evaluate if you have meritorious claims.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

A: You have a right to be paid the minimum wage for all hours that you worked. If the employer failed to maintain accurate time records such as time sheets, there are ways to prove the amount of time you worked. An experienced employment law attorney can help you with that.

Quitting may have hurt any claim for the termination, but more should be explored to determine if there are theories that could be used to turn your resignation into a constructive termination.

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-charge consultation and then if the matter has merit and sufficient value, they 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.

A: If you believe you are not being paid the minimum wage in California or have quit due to a refusal for a raise, you can take steps to address the situation. First, gather any evidence you have regarding your pay and the denial of a raise, such as emails, text messages, or witnesses who can attest to your situation. Although no time cards were kept, any documentation or communication regarding your wages or raise request can be valuable.

You should reach out to the California Department of Industrial Relations or consult an attorney experienced in labor law to discuss your case. They can help you assess your situation and guide you through the appropriate legal actions, which may include filing a wage claim or pursuing a legal case against your employer. Remember to act promptly, as there are time limits for filing wage claims and pursuing legal action in California.

A: I agree with the other lawyers' responses to your question. You are entitled to receive the minimum wage for all hours worked, even if the employer lacks accurate time records. An experienced employment law attorney can assist in proving your claim by gathering documents, witnesses, and information. Most employment lawyers provide free consultations. Considering reaching out to an experienced employment lawyer.