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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32238
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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i was working for this big flooring company i mean the have

Customer Question

i was working for this big flooring company i mean the have shops everywhere. so i've been working with them for well over 2 years. i was installers helper. the installer said that he will pay me under the table 50 dollars a day . i didnt like the price nor getting paid under the table. but i had no choice and needed the money. we were always work over 8 hours every day. no over time. and we would do big jobs. i found out that the manager and the office knew about it but didnt do a thing. # XXXXX they didnt schedule me to work when they supposed to. # XXXXX when the job is big they supposed to schedule helpers with installers. # XXXXX paying me under the table is illigal. 3 months ago the district manager and the owner of the company some how "found out" about this whole thing. (apparently other helpers have been getting paid under the table too). they fired the manager and the district manager had a meeting with us telling that if this happens again he will fire the installer and the helper. that goes with the shop. this monday july 2 2012 i quit my job. so my question was can i sue the company or get my money that i wasnt getting in the first place?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

You wish to pursue back wages owed by the company?

Why did you quit? Because you were not getting paid properly?


Customer: replied 2 years ago.
yes i do. i quit because the installer was trying to take my from my paycheck. and give me 50 a day.
Expert:  Tina replied 2 years ago.
I see.

The proper course of action here would typically involve filing a wage claim with the state labor board. They take wage and hour violations quite seriously and it appears there were many wage and hour violations in your case since they did not pay at least minimum wage and overtime, and did not withhold taxes or pay worker's comp premiums or provide other benefits they normally provide to employees.

Here is a link to file a complaitn with the labor board:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

If you have any reason to believe that they discriminated against you on the basis of your race, gender, age, disability or other protected status, a charge should also be filed with the state Fair Employment and Housing Commission alleging discrimination.

I would retain a local employment law attorney as well to guide you through this process, especially if you believe discrimination was involved.

Contact the local or state bar associations for attorney referrals and see whether you are eligible for any low cost assistance.


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Thank you and all the best to you,

Tina

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