Legal Question in Employment Law in California

Job Abandonment

I was told by my employer that I had abandoned my position after being absent for 3 days. However, I had a family medical emergency and was in contact with my boss to let him know what was going on. I have not received my final paycheck, nor have I been officially told I was fired. What can I do to get my final paycheck? I think my employer wanted me gone due to my knowledge of illegal business practices on his part. What recourse do I have?

Asked on 10/20/06, 2:55 am

3 Answers from Attorneys

Claude Manookian Claude M. Manookian, Esq.
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Re: Job Abandonment

You have several claims against the employer. First off you can file a DLSE claim to recover the money that is owed to you, including penalties and interest. In addition, you may have a claim under FMLA. Finally, you may have other claims against the employer which I cannot determine based on the general facts you provided.

Contact me to discuss this matter further if interested.

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10/28/06, 1:28 pm
Terry A. Nelson Nelson & Lawless
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Re: Job Abandonment

You could file with the Labor Commissioner for your pay and penalties. You may have a claim for illegal denial of rights under the FMLA leave act. Contact me to discuss the facts if interested.

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10/27/06, 7:13 pm
Beth Mora Cooper & Mora, A Professional Corporation
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Re: Job Abandonment

This sounds like a horrible situation. The medical provider who gave assistance to your family in the emergency should be able to provide documentation of the event. You sould ask for a medical form (FMLA form) verifying you were seeing to a family member's serious health condition and provide it to your previous employer. It is proof you did not abandon your job. You may not be protected under the law if your employer is not large enough or you did not work for them long enough, but at least you have documentation as to where you were and that confirms your verbal notification to your employer.

As for your wages, I would notify your employer verbally and in writen form that you are owed your wages. If you are not paid within a few days (with late penalties), you can contact the California Labor Commissioner. You can find them on line or in the blue section of your yellow pages.

You can also apply for unemployment should you have enough earned benefits in your employee bank.

You are welcome to contact our office if you wish to discuss the matter further or an attorney in your area. I wish you the best of luck.

Sincerely, Beth Mora

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10/27/06, 7:34 pm

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