California Employment Law

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I was fired from my job two Friday's ago and was in the

Customer Question
middle of the two week...
I was fired from my job two Friday's ago and was in the middle of the two week pay. I worked a full week and when it came to get my check on the scheduled pay day I didn't get it. The following week I called the boss and ask him what was going on with my check. I was told that he was not giving it to me because of damages that happened to another employees work truck that also got fired and his check was taken for the same thing. He said that he was holding it because he told us not to smoke in the trucks but I was never told that nor did I ever sign any thing stating that. I'm wondering what I need to do or if I can do anything about this
Submitted: 2 years ago.Category: California Employment Law
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2/1/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,081
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

It is illegal under NC law to deduct from an employee's paycheck because of damage to company property unless either (1) the employer has obtained the employee's consent for the deduction; or (2) the damage to property occurred as the result of an incident for which the employee has been arrested or a criminal process has been commenced.

As neither of these circumstances would apply based on the facts you have described, the deduction from pay would be illegal and you would be able to bring a wage claim to get the wages you earned. You may also be entitled to penalties.

See here to initiate the wage claim process. Note that you must wait 10 days after your last payday to file a wage claim based on failure to pay final wages.

I hope that you find this information helpful. 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 moving forward.

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California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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