Wrongful Termination for Seeking Payment of Wages in California

Wrongful Termination For Seeking Payment of Wages in California

Even if you love your job and enjoy going to work, your job is ultimately a means to support your family and your lifestyle. Because of this, proper payment is incredibly important. Unfortunately, employers do not always act with honor when it comes to paying their employees. Rather than making proper budget cuts or changes, some employers steal from their employees to increase company profits. This behavior is not only unethical, but it is also illegal.

If you are not being paid in accordance with your employment contract and the law, your employer is stealing your skill, time, and labor. You have every right to broach the topic with your employer and take action. If simply talking to them does not inspire change, you can even take legal action to get the payment that you are owed.

If you seek wage payment that is owed to you and your employer terminates you, they have done so illegally. In these situations, a wrongful termination case may be right for you. These claims can help you to recover lost wages and damages that have occurred as the result of your employer’s illegal actions.

Legal Payment Schedules

All workplaces have different payment schedules. While many workers get paid every other Friday, others get paid on certain dates every month. Your employer should alert you to the work payment schedule at the beginning of your employment.

No matter what, you should be able to rely on your employer’s payment schedule. If they skip scheduled paydays, fail to give you your payment, make it difficult or impossible to get your payment, or ask you not to cash your payment until a certain amount of time after they give it to you, they are behaving illegally.

Taking Legal Action

Though it is normal for businesses to go through difficult financial times, it is not your job as an employee to keep the business afloat by forgoing or delaying your wages. You need financial support and have done the work to earn it; therefore, you deserve to receive your checks on time and use your income when it has been given to you.

Taking legal action against your employer may seem extreme, but it is not. Employers who cannot pay their employees properly and regularly need to be held accountable. Legal action can help to prevent them from perpetuating further damage to your coworkers and your family. It can also ensure that they are up to date on other payments, such as those to vendors and contractors.

Finding an Attorney

In order to take legal action, you need an employment attorney who understands employment law in California. This area of the legal system is fairly niche, and many attorneys do not know the details necessary to win these cases. Your first priority when finding an attorney is hiring someone who has direct experience and who has had success in cases like yours.

You also need to find an attorney who has confidence in your claim and is passionate about the topic. Without these things, it is extremely difficult to run a successful legal case. Your attorney should be honest with you about what they believe your outcome will be.

Finally, it is important to hire an attorney with whom you feel comfortable. It is intimidating to create a legal case against your employer, and you need to trust your legal representation throughout the process. Always look for someone who makes you feel at ease and confident about your prospects.

FAQs About Wrongful Termination for Seeking Payment of Wages in California

How Do I Collect Unpaid Wages in California?

If your employer owes you money, you should first speak to HR to ensure that the situation is not a clerical error. In some cases, the lapse in payment was an honest mistake and can be quickly remedied. If this is not the case, you can hire an attorney—or for smaller amounts file a claim with the Labor Commissioner’s office.

How Do I Win a Wage Claim in California?

Having a qualified attorney on your side is the best way to win a wage claim. With the help of your attorney, you will have to assemble evidence of a lapse or delay in payment, as well as any other relevant information for your claim. If you have been misclassified as exempt or as an independent contractor, have been denied overtime pay, or have not been paid for breaks, more information and evidence will likely be necessary.

Is California a Final Pay State?

Yes. This means that employees are entitled to their final paychecks quickly after termination or resignation. In California, the law requires terminated employees to get their final pay on the same day.  For employees who quit, final payment is due within 72 hours.

Can I Sue My Employer for Not Paying Me On Time in California?

Yes, you can sue your employer if they did not pay you on time. These cases will help you to earn the money that is owed to you, plus a penalty for delayed payment. In some situations, you may be able to charge interest.

Contact Shirazi Law Firm Online

If you have not been paid for your hard work, it is time to stand up for yourself. With the full power of the law behind you, you can regain the money that you are missing and help to ensure that your employer pays their employees properly. Our team at Shirazi Law Firm is here to help you.

For more information, contact Shirazi Law Firm online.

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Shirazi Law Firm, PC

Shirazi Law Firm, PC

1875 Century Park East,
Suite 1025,
Los Angeles, CA 90067

Phone: 310 400 5891
Fax: 888 908 7359