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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111684
Experience:  20+ Years of Employment Law Experience
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I was recently hired at a family owed, small business

Customer Question

I was recently hired at a family owed, small business restaurant (August 25) to be exact..my boss didn't follow a single rule, regulation, or law, from the very beginning. For instance, I didn't even fill out a w4 nor did he see, ask or have a copy of my California ID until September 22..he was very rude, unprofessional and sexist and/or chovanist on countless occasions. I did numerous jobs that were not at all part of my job description, the place was not up to health code requirements, he offered on several occasions to make an "under the table" deal with me instead and even told me not to mention our conversation to anyone because if the wrong person overheard then it could be potential problems with the law or IRS (and by the wrong person he meant "white people") I was never asked to get my food handlers card (which I just found out about it and Told it was a must..by a family member) nor has it ever been brought up thus far. He withheld my wages from me for nearly a week and I've only received one check for my entire time there, that was a total of $127.75 and he's saying I've only worked a total of fourteen hours..but upon my own personal investigation with the help of my Google account location history, im already at a total of eighty four hours and I'm still not even done yet..so my question is, Do I have a legitimate case and /or lawsuit regarding these matters?
Submitted: 2 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If he was a small business restaurant with less than 15 employees, then any comments about age/race/sex/disability/national origin are not legally actionable, because in order for discrimination laws to apply to an employer they must employ 15+ employees. If he did have 15+ employees, then you need to first file a complaint to the Fair Housing and Employment Division about the allegedly discriminatory conduct towards you and they must investigate to give you a right to sue letter to proceed to court.
If he was improperly paying you contrary to the wage laws and was not paying overtime as required or giving you proper meal breaks, then this is a claim you can file with the EDD wage and hour division as they investigate those claims and will pursue him for not paying wages and you would claim not just wages due, but you are entitled to liquidated damages in the amount equal to the wages not properly paid.
As far as you doing jobs "not in your job description" I am afraid you are an at will employee and the employer can make you do whatever jobs they needed you to do. For at will employees there really is no "job description" by any laws so there is no cause of action there.
If the employer is violating health and safety codes, you can also report that to the local health department, but that is not any reason for you to sue them over.