Legal Question in Employment Law in California

Hello I had a question I requested several times after I left my job to have a copy of last pay-stub to be mailed to me. They have ignored my requests despite all my attempts to contact them. I have even gone to the owner of the company. I had my unemployment hearing today and from the looks of it they are refusing to mail it to me. Is there a way I can force them to send it to me because I am not sure they are paying me the correct hours which was sent pass 72 hours after I quit. Also Under California Labor Code section 227.3, unless otherwise provided by a collective bargaining agreement, an employee who is terminated without having taken all accrued vacation time must be paid for the vacation time as wages to his final rate of pay. Which I did not receive at all my employer lied at the hearing and said that the pay stub that says $1000 bonus was my accured vacation however the amount does not equal what is owed to me. Plus the pay-stub stating bonus does not have how many vacation hours I accured or how much my rate is. Is there anyone I can go to report this or force him to go by the labor code. I also have knowledge that he is not paying his workers overtime or allowing them meal and rest breaks. Also offering child care for one employee and not all employees. Also uses one of the employee who is tax exempt to purchase office supplies. Also in my opinion abuses foreign workers who are trying to work for their visas. Promising them sponsorship for free labor. I am not looking to sue but just asking any law enforcement agency to please investigate. I have proof of other workers not getting paid for overtime but are afraid to come forward because of retaliation. Company has no written policies and changes and lies about benefits that are being given.

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Asked on 3/18/13, 8:34 pm

2 Answers from Attorneys
Kristine Karila Law Office of Kristine S. Karila

If you quit without giving at least 72 hours' notice, your employer needed to provide your paycheck, including earned and unused vacation pay within 72 hours of the time you quit. If they did not and willfully withheld wages, you get one day's pay for each day you had/have to wait - up to 30 days PLUS attorneys' fees. In addition, if you asked for your payroll records, the company must produce those to you within 21 days or incur a $750 penalty. Call an employment law attorney to assist you. Focus on what your claims are - not those of others; the other employees will have to bring their own claims 949-481-6909.

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Answered on 3/19/13, 10:21 am
Jacob Kiani Law Office of Jacob I. Kiani

I agree. They will be on the hook for statutory waiting time penalties if they refuse to pay all earned and payable wages.

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Answered on 3/20/13, 6:42 pm


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