How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask fedcrimlawyer Your Own Question

fedcrimlawyer
fedcrimlawyer,
Category: California Employment Law
Satisfied Customers: 3757
45002201
Type Your California Employment Law Question Here...
fedcrimlawyer is online now
A new question is answered every 9 seconds

I just got hired at a local restaurant. On my first day I asked

Resolved Question:

I just got hired at a local restaurant. On my first day I asked for a clock in number and he said he wanted to see how I did before he gave me one. The next day when I asked him he said he wanted to see how I worked on a busy night before he gave me the number. In the meantime I was taking my own tables and I wasn't receiving any of the tips for them. The next night was busy and I had a whole section to myself. At the end of the night I asked him if I we could talk and he got angry and said we could talk the next day. The next day he called me and said to not come in. He said we could talk on Monday when the restaurant was closed. He never called me on Monday and when I tried calling him he never answered or called me back. Today (Tuesday) he called me back and I told him that he should give me the money for the hours I worked which was around 14, and that I should get my tips that he owed me. He said that he didn't really owe me anything. He also said that he was going to pay me under the table and I told him I had never agreed to that and that he never told me what was happening with pay or anything. I never filled out any paperwork. I told him he at least owed me 100 dollars for the hours and 300 in tips. He hung up on me then. What can I do?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  fedcrimlawyer replied 2 years ago.

TexLawyer :

California law gives you the right to force him to pay you and can impose penalties and/or interest if he fails to do so in a timely manner.

TexLawyer :

In order to encourage employers to comply with California final pay law for all unpaid wages due upon termination, discharge, or voluntary resignation, California labor laws enforce financial penalties to employers called Waiting Time Penalties. California Labor Code 203 provides “(i) if an employer willfully fails to pay, without abatement or reduction, in accordance with sections 201, 201.5, 202 and 205.5, any wages of an employee who is discharged or who quits, the wages of the employee shall continue as a penalty from the due date thereof at the same rate until paid or until an action therefore is commenced.”

TexLawyer :

If you leave your employment involuntarily such as in the case of a termination or lay off, then your employer must pay you all unpaid wages immediately. This includes any compensation due for vacation time and other “time off” benefits like personal time off (PTO). If you resign voluntarily, then California labor law requires that your employer pay you all final wages within 72 hours.

Customer:

But if i never filled out any paperwork, how can I prove that I worked there? He could just say that I never worked there.

TexLawyer :

Other employees saw you working there. They could provide that evidence, if necessary.

TexLawyer :

The odds are that if sued, he would not deny that in a deposition or in court.

Customer:

I think they all might be illegals. If that is the case, then they won't want to help me.

Customer:

Plus they might be worried that they would lose their jobs if they helped me

TexLawyer :

Your testimony would be evidence. Like I said, it would be unlikely that he would deny it in a sworn deposition. If he did so, he could face severe penalties.

Customer:

So pretty much I would have to take him to court over a few hundred dollars?

TexLawyer :

He also may be willing to settle quickly once he finds out that if he loses a lawsuit, he would be liable for penalties and interest many times what he currently owes you.

TexLawyer :

If he is unwilling to reach some kind of settlement, that is the only way to enforce your legal rights.

Customer:

so what should I say to him the next time I talk to him?

TexLawyer :

You could also report him to the California Department of Industrial Relations:

TexLawyer :

You should tell him to pay you what he owes you (you are in a better position to determine that than me), or you will report him to the California Dept. of Indust. Relations and follow that with a lawsuit where you will ask for penalties, interest, and attorney's fees.

TexLawyer :

My guess is that he will pay you the few hundred dollars rather than face a lawsuit and regulatory investigation.

Customer:

Earlier when I told him that if he didn't give me the money he owed me that I would report him to the labor board and he said "call them then". Doesn't sound like the type to just hand over a few hundred dollars.

Customer:

Also, could I call the local Newspaper with this, or would I get in trouble for that? Could he sue me for that?

TexLawyer :

He's calling your bluff. Write him a letter citing the laws I referred to earlier. If he still says he won't pay, you will have to sue him. An attorney would be willing to take your case because the court could make him pay your attorney's fees.

TexLawyer :

You could not get in trouble, so long as everything you tell them is true.

Customer:

How can I prove that though. Like I said earlier the only witnesses are people that are most likely illegal.

TexLawyer :

Your testimony. If it really went all the way through a lawsuit, he would be asked about your employment under oath and in the discovery process. Like I said, it is unlikely he would deny it under those circumstances. If he did, you will have to find other witnesses. If you have any friends or family that were aware you were working there, they could be called to testify.

Customer:

Okay, one more thing? I am just getting charged the 28 dollars for this right? No more than that?

TexLawyer :

That is correct. Once you ACCEPT the answer, you will be charged $28.

TexLawyer :

Can I do anything else for you?

Customer:

Thank you for your help.

TexLawyer :

Glad to help. Goo luck.

TexLawyer :

Good.

fedcrimlawyer,
Satisfied Customers: 3757
Experience: 
fedcrimlawyer and 2 other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.