Legal Question in Business Law in California

Is this legal?????

My husband is a salaried diesel mechanic for a company. He's been with this company for 3 1/2 years. He has had a few questionable incidences with his paycheck. One being, he was charged $800 for a truck that broke down. He worked on it last, so they docked his pay the amount that it cost them to get the truck fixed, and he was charged for the hotel room that the driver had to stay in while it was being fixed. Then, this week he was docked $143.97 for being sick 2 days ( by ER DR's orders.) In his contract for employment it says, '' Vacation pay & sick pay have already been computed into your weekly salary, therefore, no additional vacation or sick pay will be paid. If time off is needed, It will be granted But, Without Compensation.'' The contract doesn't say how many days he is entitled to for sick pay, nor vacation pay! His paycheck is $143.97 short. Are they screwing him? His salary is $1,000 per week. after taxes, he usually brings home $793.13. I hate that they walk all over him! Is this Legal?????


Asked on 7/30/04, 11:40 pm

2 Answers from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Is this legal?????

It's very likely that he has a case for one or more of these issues. Email me if you'd like to discuss further.

Regards,

Ben

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Answered on 7/31/04, 3:54 am
Robert F. Cohen Law Office of Robert F. Cohen

Re: Is this legal?????

It is unlawful for the company to take money out of his paycheck without his written authorization (i.e. the hotel and truck breakdown). He might have a Labor Board (EDD) claim for vacation and/or sick pay.

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Answered on 7/31/04, 4:57 am


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