Legal Question in Employment Law in California

termination

I started work for a new business filled out a w-2 and a 1099 but i'm sure they didn't send it in. They cut me a check for the first pay period and told me i would be on payroll the next. They fired me for asking a payroll question before they put me on their payroll. I'm also pregnant. Are they allowed to do that if I wasn't on the payroll yet?


Asked on 6/23/09, 7:37 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: termination

Your post didn't raise pregnancy as the reason for termination, so I too will disregard that as an issue.

If you're saying they decided they didn't like your attitude and said 'get out', then as an 'at will' employee, fired for business reasons or whims, you've got no case.

If you're saying you complained about not being paid all amounts due you, and demanded payment, then you may have a claim of retaliatory termination, which may or may not be worth pursuing; I'd have to review all the facts. Feel free to contact me if you think you have a case to pursue.

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Answered on 6/24/09, 5:47 pm


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