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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7130
Experience:  Significant experience in all areas of employment law.
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was accused of stealing at Nimos Bakerysan marcos

Customer Question

Hello,I was hired in Nimos in march,2012 and i worked for two days 27th and 28th of fingmarch,2012. Then on the 3rd of april,2012 i called ask for the lady in charge of staffing for the company called Racheal to call me to work, instead of responding to my request, she said some people claimed they saw me stealing the phone i called her with,she yelled how did you get that phone then i told her the phone was mine, she insisted that i stole it so i made an appointment to come over and prove to her that the phone is mine. I showed her the phone and gave her the reciept of the phone of which she made copies hoping she will be convinced that i didn t steal the phone but she said i swaped it, so i said i was going to sue for defamation of character,slander and false and malicious allegation. Right now i am determined to action against the company for the fact that they fired me without informing me,and since i worked they delayed my pay till now(1st of may,2012) i had to call a lot of times before i got $100 for the two days i worked,i incured much cost in calling before i could get my pay.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. I am so sorry to heat that you were let go and have had trouble receiving pay for your work.

According to California Labor Code 201, an employee is entitled to payment of all wages earned IMMEDIATELY upon his or her termination. An employer who fails to pay an employee all wages earned immediately upon termination will typically be penalized in the amount of the employee's daily rate of pay for each day that payment of wages goes unmade up to 30 days.

For example, if an employee's average daily rate of pay was $100 and the employee was fired but not paid for 5 days, the employee would be entitled to a $500 penalty payment against their employer in addition to the wages owed.

An individual in your circumstance may also very well have a claim for defamation against the person who made false accusations of theft. An employee terminated as a result of defamatory statements made may be entitled to collect damages in the form of lost wages. However, the employee as a plaintiff will bear the burden of proving that the statements were actually false and that they directly resulted in termination.

Unfortunately, an employer is free to terminate an employee on the basis of false information, and so no legal cause of action for wrongful termination would arise where an employee is terminated following a false accusation of theft.

This is unfortunately so because, absent an employment contract guaranteeing employment for a specified period of time, employment in the state of California is presumed to be "at will." More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other."

Courts have held this to mean that an employer is free to terminate employees for any reason whatsoever, even a reason that is entirely unfair, unless the underlying motivation is discriminatory or otherwise in violation of California law.

So to summarize, an employee in your circumstance would be entitled to a final payment of wages immediately upon termination and a penalty assessment in the amount of the employee's daily rate of pay for each day that payment goes unmade. An employee in your circumstance may also be entitled to collect damages in the form of loss wages arising from a claim for defamation. Unfortunately, however, a claim for wrongful termination would not typically arise on the facts described because, pursuant to the doctrine of at will employment, an employer is free to terminate an employee for any reason whatsoever, even for unfair or untrue reasons.

To file a wage claim with the Department of Labor Standards Enforcement for late payment of final wages, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Patrick, Esq., Lawyer
Satisfied Customers: 7130
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 2 years ago.

While i express my appreciation foryour answer I actually want to point out that there is a case of discrimination responsible for the supervisors attitude,first apart from one black American guy and one white guy i was the second black guy that worked in the company that nigh,t every other person were mexican majority of them could hardly speak English,when the supervisor told me on phone that some people said they saw me stealing the phone she was refering to mexican,she was so convince about what they told her that even when i gave her my phone to verify the ownership she attempted to siezed it, and i gave my reciepts for her to make copies. After i tried to convince her the phone is mine, she responded by saying she wished she could believed me, but she felt for the the who brought her phone which was of the same brand and purple color with mine to work that day but did

not go back home with it,this basical shows that she made judgement based on discrimination which is against the law. so my final question on the issue i what damage can i claim for discrimination?

Expert:  Patrick, Esq. replied 2 years ago.
Hello again and thank you for your reply.

If you can demonstrate that a motivation for your termination was your race, an individual in your circumstance can sue for wrongful termination and collect damages in the form of lost wages and potentially emotional distress.

However, before a claimant files a lawsuit for wrongful termination ont eh grounds of discrimination, they must first file a formal complaint of discrimination with the federal Equal Employment Opportunity Commission (EEOC) or California's Department of Fair Employment and Housing. Either the EEOC or the DFEH will issue an authorization to sue after they investigate the claim. A claimant need to file with both agencies. Finally, if an individual in your circumstance decides to sue, they must not miss their deadline. Under federal law in California, a claimant has 300 days from an act of discrimination to file a complaint.

For information on how to bring a claim through California's DFEH, visit this link: http://www.dfeh.ca.gov/Complaints.htm For information on how to bring a claim through the EEOC, visit this link: http://www.eeoc.gov/employees/charge.cfm

I sincerely hope that this information helps you and I wish you the very best both personally and professionally.

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