Legal Question in Employment Law in California

unjustified termination

I was told over the phone that I was being let go because the owner didn't want rceptionists anymore. When I tried geting my vacation money I am being told I have to sign two papers one that says that I am being given a certain amount of money and the other one that Iam being fired because of not showing up for sheduled shifts and because i have another job. I happened to have sprained my anle and had called a Sunday to let them know what had happened I assume they are reffering to the next day. In order to get my money I have to sign. But what the second paper says isn't right but I want and need My money what can I do?

Asked on 12/22/05, 7:22 pm

3 Answers from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: unjustified termination

The law requires employers provide an employee's final wages at the time of termination. This requirement extends to vacation pay, which in California is considered a form of deferred compensation. Moreover, the Labor Code prohibits requiring an employee to sign a release in order to obtain their wages. Naturally, you should not sign anything which is not true in order to receive your vacation pay.

For assistance in collecting your vacation pay, as well as possible waiting time penalties because the employer failed to pay in a timely fashion, contact California's Division of Labor Standards Enforcement. You may also want to speak with an employee rights attorney to determine whether you have a disability discrimination claim or other legal violation as a result of your discharge.

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Answered on 12/27/05, 5:59 pm

H.M. Torrey The Law Offices of H.M. Torrey

Re: unjustified termination

Your employer cannot withhold pay you are rightfully entitled, nor make it a condition to receive such pay based on you signing a document you clearly do not agree with. If you would prompt, affordable assistance in this matter, contact us directly.

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Answered on 12/27/05, 7:52 pm

Re: unjustified termination

Go to the Labor Commisioner's Office and file a complaint for your money owed. Contact an attorney to discuss wrongful termination. Call me directly at 16192223504.

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Answered on 12/28/05, 2:21 pm

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