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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6793
Experience:  Significant experience in all areas of employment law.
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Hello there, My name is XXXXX XXXXX I work

Customer Question

Hello there, My name is XXXXX XXXXX I work for a corrupt company known as XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX. They bring the food so I can serve the children and requested that I work 3 hours; however, I go in at 9 am and come out at 2. I work more than 3 hours and I've been logging in the hours I've worked. This company has not been paying me, checks have bounced, and when I have complained about them not paying me on time, they simply brush it off their shoulder and do nothing about it. I've complained to the Archdioceses and I have gotten nowhere. I want to know what I can do about this company because I have a household to run and I deserve my pay for the long hours I've worked. Today, they fired me because I did not listen to them by only logging in the 3 hours I'm supposed to work. I kept logging in the hours I've been working and they decided through a phone call to fire me today. Please, let me know what I can do. Thank you.

Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear about your troubles getting paid and the fact you were recently let go.

The Fair Labor Standards Act and state law require employers to pay their employees for all hours in which the employee was "suffered or permitted to work." thus, provided your employer did not expressly forbid you from working longer than the hours you actually logged, you would be entitled to additional compensation at your regular hourly rate for that unpaid time.

Now that they have let you go, your final wages, including compensation for your un-logged hours, must IMMEDIATELY be paid (Labor Code 201), and failure to tender immediate payment will result in the assessment of a penalty in the amount of your daily rate of pay for each day that the final wages go unpaid up to 30 days.

So for example, if an employee who makes $100 a day is terminated on on the first of the month but not paid his final wages until the 20th, he would be entitled to a $2,000 penalty from his employer in addition to the earned wages.

Your recourse under the circumstances would be to file a lawsuit in civil court or a cwage claim with the Department of Labor Standards Enforcement. Although the law permits you to recover your attorney fees if you prevail in civil court, most claimants prefer the DLSE route because it is often times quicker and far less complicated. There is no charge to file a DLSE claim.

To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

In short, an employee is entitled to compensation for all hour they are permitted to work, regardless of whether they perform the work pursuant to an express order. Given that you have logs of the additional hours you worked, your case for unpaid wages would be strong. You are entitled to immediate payment of your final wages, including your work for unpaid hours, immediately upon being let go. Your recourse would be to file a civil lawsuit or a wage claim with the DLSE.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes to you and thank you so much for coming to Just Answer.
Patrick, Esq., Lawyer
Satisfied Customers: 6793
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you so much for your time and for the excellent information. I appreciate it greatly! Have a great evening.

Expert:  Patrick, Esq. replied 1 year ago.
Cecilia,

It was truly my pleasure to have been of assistance.

If you have any further questions or concerns regarding the above, please do not hesitate to contact me in the future. I am available for followup at no additional charge to you.

Also, in the next day or so, you may receive a survey from Just Answer asking about your experience with me. I would be tremendously grateful if you'd take a moment to provide high marks, as your opinions are extremely valuable to the site and to me.

Very best wishes to you.

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