California Employment Law
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Are you a commission based employee? Do you receive any sort of hourly wage? What does your contract say about your employer's right to "claw back" wages? Lastly, what do you mean when you say that the pay is not what you were told it would be? I know, it's a lot of questions, but I need this additional information in order to assist you.
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Thank you. What does your contract say about your employer's right to "claw back" wages? Does it address that?
Thank you. A clause in your employment contract which EXPRESSLY entitled your employer to claw back some portion of your wages if you leave before a year might have been enforceable, depending on its specific terms. However, it would absolutely need to be clear in your contract that your employer had this authority. In the absence of a clear provision so stating, your employer cannot simply "decide" to do this to punish employees for leaving before one year.
So, if your employer does deduct anything from your earned wages, you could definitely file a wage claim to recoup that sum. The best course of action may be to quit on pay day--that way your employer cannot withhold wages that you've already earned, or at least the amount they are able to withhold is small because you were just paid.
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