Thank you for this additional information.
Pursuant to Labor Code section 201, an employee must be paid all
outstanding wages upon his or her termination. Labor Code section 203 imposes a penalty upon employers who willfully fail to make such payment in the amount of the employee's "daily rate" of pay (an average of what they were making daily) for each day that final payment goes unpaid up to 30 days.
So, if there is no legitimate dispute as to whether you worked 30 minutes on Tuesday, your employer would likely be in violation of Labor Code 201 for failing to pay final wages, and an individual in your circumstance would be entitled to your daily rate of pay for each day that such payment goes unmade up to 30 days.
In regard to your termination, an employer unfortunately retains the freedom to terminate an employee under the circumstances you describe. There are protections for "whistle blowers" in the state of California, but those protections only apply to employees who report illegal
conduct, and it is not illegal (though it is unprofessional) to show up for work drunk. Furthermore, whistle blower protections typically only apply when an employee reports illegal conduct to an external regulatory agency, not merely to management within the company.
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."
What this means is 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.
Thus, while it may have been unfair to terminate an employee for reporting an employee who came to work drunk, that would not typically be illegal.
So to summarize, an individual in your circumstance may be able to collect a penalty in the amount of your daily rate of pay for each day that your final wages go unpaid up to 30 days. While termination under the circumstances you describe sounds quite unfair, it is not typically illegal because employment in the state of California is "at will" and whistle blower protections would not apply under the circumstances described.
To file a wage claim with the DLSE, 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.
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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.