Legal Question in Employment Law in California

As a property manager i was getting paid $3000 a month. From that, the rent of the unit

I occupied, which was $1800, was being deducted. That was retail price (no discount). I never signed a written agreement to this deduction. Isn't that illegal?? I worked seven days and about ten to twelve hours a day tending to the needs of a 200 unit building, 8 retail spaces, and two parking lots, but they refused for me to keep a time card. When i complained to them about the office not having a window and being located in the garage, they fired me, gave me no time to move out. Can i sue them?

Asked on 11/10/13, 9:37 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Yup. Contact a local plaintiff's side employment lawyer.

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Answered on 11/10/13, 10:14 pm

Terry A. Nelson Nelson & Lawless

Anybody can sue anybody for anything. But, winning is a different question.

Property managers are frequently classified as salary exempt and not paid hourly, in accordance with the Labor Code rules. You could file a wage claim with the Labor Commissioner and try to convince the judge you should be paid hourly, with OT. If you had any contract or documents or witness testimony that indicated other than salaried status, it would help. But, you said you were denied time cards, which is consistent with being salaried.

The rental cost of your apt was determined by the agreement of both parties from the beginning. You apparently lived there without complaint as to the amount, which would indicate your agreement to it. If you have any evidence to the contrary, that would help.

Complaint about the office space would not provide a sound basis for a wrongful termination complaint. Potentially, complaint about not being paid in full might.

Not only are there no laws in CA against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but in general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without ‘cause’, explanation or notice.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I’ll be happy to help fight and get the best outcome possible,

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Answered on 11/11/13, 11:29 am

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