Legal Question in Civil Litigation in California

Non payment of wages.

I have agreed to work for the employer and to be paid hourly. During a week of work not only I had no time to take lunch(busy handling the phone and orders), but was also left alone to manage the whole office (Limousine Service Company) and was under extreme pressure .After a few days I noticed that employer either did not pay on time to his freelance workers or had numerous cases when company checks were bounced....It made me insecure.

Although at the time of hiring the working hours were never designated, at the day of work I was asked either to come next day at the approximate hour or not to come at all due to lack of business.I decided to leave the company and found another job. At the day I was supposed to come in at 2 p.m. I called in at 11 p.m. and said I was not going to come any more. Next week I went to the office to pick up my check and was told I would get paid next week minus the three days penalty for a short notice of resignation. Well, it is been more then a month I am still waiting for the check. I called but unsuccessfully. I am planning to go to the small claim court. But how much money can I claim? Is it only the unpaid hours or some other compensation I am eligible for?

Asked on 4/01/09, 3:49 am

3 Answers from Attorneys

Adam Telanoff Telanoff & Telanoff

Re: Non payment of wages.

You have a great case, and I would be willing to represent you at no cost to you. I am located on the West Side, please email me.

A summary:

1) The employer must pay you within 72 hours if you quit, or they can be hit with a penalty.

2) The employer is not allowed to dock your pay for "short notice resignation" This can also hit them with a penalty.

3) The employer is required to give you a lunch break and other rest breaks during the course of the day. Another penalty.

4) my guess is that there are probably overtime violations and possibly minimum wage violations.

email me today.

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Answered on 4/01/09, 12:31 pm
Terry A. Nelson Nelson & Lawless

Re: Non payment of wages.

Go file a claim with the Labor Commissioner.

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Answered on 4/01/09, 1:36 pm
Cary Kletter Kletter Law Firm

Re: Non payment of wages.

This type of case is ideal for the California Labor Commissioner (DLSE).

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Answered on 4/01/09, 7:48 pm

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