Labor Law

Unpaid Wages, Wrongful Termination, and Employer Misconduct

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Have you been cheated by your employer?  Some of the common tactics of robbing hourly employees of pay include:

  • Not paying overtime or doubletime.
  • Requiring you to pay for uniforms.
  • Requiring you to pay for items you break while on the job.
  • Deducting non-paying customers’ bills from your tips.
  • Requiring you to be “on-call,” or in the work area, during your meal or rest breaks even though you are “off the clock.”
  • Requiring you to be in a waiting area or perform tasks prior to actually being “on the clock.”
  • Requiring you to travel to and from company job sites without compensation.
  • Requiring that you have a vehicle for your job duties, but failing to pay you for the time traveling to and from work.
  • Not allowing you a break for meals.

Penalties for wrongfully withholding wages can be severe, including interest, exemplary damages, attorneys’ fees, and costs.

California and Federal Law prohibits terminating employees for a variety of reasons

Your employer cannot fire or take adverse employment action against you because of your:

  • Race
  • Gender
  • Sexual Orientation
  • Age (over 40)
  • Refusal to participate in an unlawful activity
  • Reporting of unsafe work conditions
  • “Whistleblowing” or threatening to “whistleblow” employer misconduct to the legal authorities
  • To avoid paying you an accrued or partially accrued bonus
  • In violation of any explicit or implied contract
  • Reporting or being subjected by a supervisor to a hostile work environment based upon gender, race, sexual orientation, or any protected classification

If you believe your employer has fired you, demoted you, denied you promotion, or subjected you to a hostile work environment, seek legal advice.

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If you and your fellow workers are being mistreated, your best remedy isn’t 25 different lawsuits, it’s grouping together to file one lawsuit.  California allows you to bring such actions in two manners: a class action, or through the Private Attorney General Act (“PAGA”).  Our office specializes in PAGA actions.  They are faster, easier, and only require one active employee to represent the affected workers.  Common tactics of underpaying employees include:

  • Not paying overtime or doubletime.
  • Requiring you to pay for uniforms.
  • Requiring you to pay for items you break while on the job.
  • Deducting non-paying customers’ bills from your tips.
  • Requiring you to be “on-call,” or in the work area, during your meal or rest breaks even though you are “off the clock.”
  • Requiring you to be in a waiting area or perform tasks prior to actually being “on the clock.”
  • Requiring you to travel to and from company job-sites without compensation.
  • Requiring that you have a vehicle for your job duties, but failing to pay you for the time traveling to and from work.
  • Not allowing you a break for meals.

We can help. Call or email us for a free consultation.