How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4868
Experience:  Extensive experience representing employees and management
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I am a full time employee and employer takes withholding out

Resolved Question:

I am a full time employee and employer takes withholding out of my pay. Monthly pay periods begin on 25th of previous month and end on 24th of current month.

The last day I worked was August 8th, 2012. From August 9th to August 14th I was under various stages of doctors care for a cardiac diagnosis and hospitalization. From August 14 to August 24th, I was recovering from surgery (per note from my doctor).

My August timecard included that period of sick leave, however, my paycheck did not include any sick leave. I have not been laid off and I have not been assigned any work.

I have not received a printed paystub for August or July 2012.

My May paystub is missing the week of April 25th to May 4th.

My employer did not pay withholding on time for year of 2008 and my Social Security statement is showing zero income for the year in my calculation for retirement benifits.

This employer expects me to be available to work this week! I have not been able to apply for a loan, nor have I been able to apply for social security. Please discuss the actions I should take.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

What question do you have regarding your situation?
Customer: replied 1 year ago.

Hello Joseph,


Although I have not accepted your monthly subscription fee, PayPal has paid this $38 fee. I see this as a one time fee.


 


I have not been laid off. I have not been paid for valid sick leave that was due with paycheck by August 31 (7 days after August 24th end of pay cycle). How do I collect that sick leave?


 


If the two weeks recovery time exceeds my sick pay allowance for the year, I have not been paid vacation pay for the balance of two weeks time I was recovering from corinary angioplasty. How do I collect the vacation time due me so that I am paid for the full two week period of recovery from surgery which my Doctor confirmed was needed?


 


The balance of my hours worked from July 25 to August 8th (the day before my hospitalization) have not been paid (and will not be paid untill another one or two weeks of work is done and employer can bill client for the work). This means employer did not have the funds set aside to pay me when I was doing the work. While I was in the hospital, he was on a "pre-honeymoon" in London. He asures me that I will be paid for that time and I believe him. However, I have not been laid off so who will educate this employer that when you lay off an employee you pay him up to date. And, if you cannot pay him up to date, you continue to pay him his normal pay? I have not worked the month of September. I am still waiting for payment of August time. What are my employee rights for compensation for the month of September during which I have not been laid off, nor paid up to date, nor fired?


 


Per todays conversation with employer, I will be called back to work during this first week of October. Will be given one or two weeks of work to finish up that last project. Then, will be assigned a new project. I am a hostage here! What is my recorse?


 


Kevin Gardner


XXX-XXX-XXXX

Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

You should file a wage claim with the Department of Industrial relations for your unpaid sick time, wages, and vacation time.

You can do so using the forms available online here:

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

Joseph, Lawyer
Satisfied Customers: 4868
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.