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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17192
Experience:  B.A.; M.B.A.; J.D.
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Im a Private Investigator (15yrs.) and work in TX. However a

Customer Question

Im a Private Investigator (15yrs.) and work in TX. However a company in CA> hired me as a full time employee. My employer received a letter to garnish my wages. The head of payroll then called me and we discussed the letter. I told it was a valid claim and to garnish my check as required. 2 months later my bank account was frozen and liquidated. Child Support Investigator informed me that only 1 of 2 accounts were being paid and that was the reason for the bank levy on my account. I was told by CS investigator if I had a paycheck stub showing this they would reimburse my account. I notified head of payroll of this. The next day when I went to download my electronic paycheck stubs I noticed there was an extra one that did not coralate to a scheduled payday. VALID PAY DATE and stub: 4-15-16. INVALID PAY DATE and stub: 4-19-16. It also had incorrect amounts shown. It showed $93.00 was paid to CS thru ACCt #1 and then reimbursed back to me by CS thru ACCT # ***** When I asked for clarification by Head of payroll she ignored my calls, texts and emails. My immedeate mgr. said he was not getting involved. I became homeless because of the situation. I labeled the document as Fraudulent and turned it in as such to Child support. The company never gave me an explanation of pay stub, suspended me a few days later on friday and then fired me the next monday. I feel that I have been injured by this employee and company. Do I have a case to sue for monitary damages? Also it was an at will employment by employer and myself . There was a paper I signed at hire date.
Submitted: 4 months ago.
Category: Employment Law
Expert:  Phillips Esq. replied 4 months ago.

You can sue the employee and the employer for your damages. However, if you were an employee at will (with no signed employment agreement), the employer can terminate you for any reason or for no reason at all so long as the reason for the termination is not any of the prohibited grounds of race, gender, age (40 and over), national origin, religion, or the like. So, you would not have a wrongful termination claim if you do not fall under any of the protected classes.

The lawsuit would be filed at the Superior Court in the County where the employer is located. You can use the link below to find the Courthouse and Court forms:

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