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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am a full time employee and employer takes withholding out

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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.
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 4 years 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


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:

Joseph and other California Employment Law Specialists are ready to help you

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