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I am a sales rep for a cell phone accesory deal in valencia

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I am a sales rep for a cell phone accesory deal in valencia , Ca . I have worked here on and off four four years, quiting the first time because he never followed throught with a verbal agreement , fired the second time reason given was that i was a disturbance in the office. I had come back a third time without a discussion regarding salary and on his terms. I took a huge pay cut and was told i have to do a 90 day probation period, Upon recieving my first check i saw i was a 1099 with out my knowledge . I have been deducted half days pay for being five minutes late and held to the same rules as a employee have no vacation , no overtime but am treated as a employee. 6 months has passed and they refuse to stand to the originsal 90 day probation. They have also deducted more than 80% of my check to fullfill my loan agreement going against the agreement of 25% . I have been left with less than 100 dollars to last a week. what can i do?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  DrewMSJD replied 2 years ago.

DrewMSJD :

You can find an good "wage and hour" attorney and sue them for not paying you according to your employment agreement and/or for the unauthorized deductions. Or, you may forego the attorney and file a claim with the Bureau of Labor on your own. If you do hire an attorney, you shouldn't have to pay if you win because wage and hour laws have attorney fee provisions that require the employer to pay the attorney if you win (even if you only win a little bit).

DrewMSJD :

I hope this answers your question and everything works out for you. Let me know if you have any follow-up or clarifying questions.

DrewMSJD,
Satisfied Customers: 53
Experience: 
DrewMSJD and 3 other California Employment Law Specialists are ready to help you
Expert:  DrewMSJD replied 2 years ago.
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Customer: replied 2 years ago.

 

There are also many other issues. The last time I got fired I had a company loan for 1700, I got final check and saw only 250 deduction, I asked the controller to take the rest and she said it is okay and owner said it was handled. 7 months later I was collecting unemployment at the time and My room mate who also wworks for same compay had been upset at me because they were deducting my loan of 1700 from his checks and he had nio involvment.

They know we are roomates and he is very passive and doesnt like confrontatio n and said nothing about it. He had no idea about the loan or obligation. I called them at the time and was told somebody needed to pay. ??? this is theft yes? they take advantage of people whom are not permitted to work legally in this country.

 

Expert:  DrewMSJD replied 2 years ago.
What you are describing sounds completely illegal. I recommend calling an "employment" or "wage and hour" attorney to help you with this matter. It is not legal to make unauthorized deductions from an employees pay. Employer are required to pay minimum wage, overtime, and not deduct pay that the employee did not specifically authorize. These laws include "attorney fee" provisions so the employer must pay your attorney if you win. Your immigration status is not relevant to wage and hour laws. If you worked for pay, and were not paid what you were promised, you (and your friend/roommate) almost certainly have a claim for unpaid wages. But to be sure, you need to speak with a local attorney who can help you get the pay you all earned. I hope this answers your question and helps you think through your options. Best of luck to you.
DrewMSJD,
Satisfied Customers: 53
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DrewMSJD and 3 other California Employment Law Specialists are ready to help you

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