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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I quit my job because the employer does not pay me for the

Customer Question

I quit my job because the employer does not pay me for the hours I work I work 40 hours every week and am shorted up to 20 hours of it. I filed with labor board but wihile waiting for back wages also filed for unemployment but was denied. I plan to appeal what is there certain wording I need to use so they understand I wasnt getting paid and not their conclusion that it was "dissatisfaction with the wages"? Thank you for your help
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Tina replied 4 years ago.
Hello and welcome,

Were you continuing to work full-time when you applied for benefits, or did you apply after you quit your job?
Customer: replied 4 years ago.
When my accountant totaled the amount I had not been paid for in 2011 and it was over $20,000. I deceided I needed to find other employment, accountant said that was why I was having trouble paying my bills. I tried to go on interviews and take off work, but had to lie about being sick, finally quit in mid May then filed claims with labor board and unemployment. Just got denial letter from unemployment
Expert:  Tina replied 4 years ago.
I see.

When an employee quits, they typically have the burden of proving that there was good cause for terminating their employment, since the law prohibits employees from quitting in order to obtain benefits.

So the commission would typically be looking for evidence that you exhausted all of your options in attempting to resolve the wage problem with the employer, and could not longer work under those conditions because of the loss of income you were suffering, and that you could not wait any longer for the labor board to resolve the matter (which they ultimately should).

Your case is damaged by the fact that you filed a complaint with the labor board after you quit since that is a step that should have been taken prior to quitting, in an attempt to avoid having to quit--at least in the eyes of the commission on appeal.

I hope you found my answer helpful, even if the law is not in your favor. I would be happy to clarify my answer if anything is not clear or you are looking for additional information. All the best to you!

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