California Employment Law

Have California employment law questions? Ask a lawyer.

Ask a Lawyer,
Get an Answer ASAP!

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
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 6 minutes by:
2/1/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,534
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.

Ask Your Own California Employment Law Question
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.

Ask Your Own California Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a california employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 14,534
14,534 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

58 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

15 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
Accept 2 week Severance and move on, renegotiate better
Accept 2 week Severance and move on, renegotiate better severance w/ good reference, or revoke for potential claims - wrongful term, overtime, etc? Summary of facts: I started working w/ company as a … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am wondering if I have a case here. My direct supervisor
Hi there, I am wondering if I have a case here. My direct supervisor and the boss above him have been really passive aggressive towards me and even hostile ever since I complained that they were treat… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I am district manager jr franchise. I had a general
I am district manager for Carls jr franchise. I had a general manager who had been manipulating company system but I wasn't able to fire her because my boss was sleeping with her and he would pick on … read more
socrateaser
socrateaser
1,031 satisfied customers
I have worked for a company in CA for about 6 months. Because
I have worked for a company in CA for about 6 months. Because the office is 2hrs away we decided prior to me ever starting I would work 2 days in the office, and three out of my home. I have done a go… read more
socrateaser
socrateaser
1,031 satisfied customers
I was recently employed with a Medi-Medi in home healthcare
I was recently employed with a Medi-Medi in home healthcare provider. For two years I worked a 5 day a week NOC shift from 10:30-0630 Sunday through Thursday. I was independent in the care of my clien… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I currently work for a San Diego based communictions service
I currently work for a San Diego based communictions service company. I have been with this company as a loyal and reliable employee since March of '07. I was promoted to the position of "Service Tech… read more
socrateaser
socrateaser
1,031 satisfied customers
I was injured at work 2 years ago and am still in the process
I was injured at work 2 years ago and am still in the process of getting a doctor who is willing to do surgery to fix my problem. I returned to work 4 1/2 months ago and my employer randomly takes me … read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I worked for my employer for 8 months and just recently got
I worked for my employer for 8 months and just recently got fired for not clocking out for my lunch break. The hour for my break was always taken out. This past weekend I got hurt and couldn't return … read more
socrateaser
socrateaser
1,031 satisfied customers
If i have rights to complaint my employer to fired me ? i believe
If i have rights to complaint my employer to fired me ? i believe was discrimination the real reason but of course the employer not gonna tell that ! they used a different way or reason to fired me..… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,534 satisfied customers
On Friday my boss had a meeting saying who ever is late on
On Friday my boss had a meeting saying who ever is late on Monday they will be sent home. A few people came in late on Monday and where send home. Come Tuesday someone that is never late came in 1 min… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,534 satisfied customers
I feel like my boss is trying to break me. He has cut my work
I feel like my boss is trying to break me. He has cut my work hours 9 weeks in a row over a theft he told me to my face he knows I did not do. Money went missing and when I was was told they wanted th… read more
socrateaser
socrateaser
1,031 satisfied customers
I am an employee of Manpower, contracted to Pacrail, a railroad
I am an employee of Manpower, contracted to Pacrail, a railroad services contractor, who have me working at a BNSF railyard. Tonight I was working as the Coordinator(Manager on Duty) at this yard when… read more
Brandon, Esq.
Brandon, Esq.
Lawyer
Doctoral Degree
348 satisfied customers
My husband (non exempt) is under investigation because some
My husband (non exempt) is under investigation because some one said he stole a soda. He has the receipt, and there are no security cameras in the store to say otherwise (he didnt take the soda for wo… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
HELLO!! I am currently filing for unpaid breaks against
HELLO!! I am currently filing for unpaid breaks against my past employer. I was employed with them for two years, and my last day working there was in late July. On my last day there, our new General … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,534 satisfied customers
i am not sure if I quit my job or if i was fired. when i clocked
i am not sure if I quit my job or if i was fired. when i clocked out thursday evening during the middle of my shift the general manager told me if i clock out i can pick up my check in the morning....… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,534 satisfied customers
I was wrongly terminated from my job yesterday through e-mail.
I was wrongly terminated from my job yesterday through e-mail. I was an Event Coordinator for a Catering Company (not under contract) I went to an Event to help out a friend on Saturday which I had to… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,534 satisfied customers
I had my contract terminated at my last job and am wondering
I had my contract terminated at my last job and am wondering if they followed the right procedure, if i was wrongfully terminated, and if my benefits can just be cut off. So i work in a kitchen at a l… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
Hello,I work in an office where my boss has been consistently
Hello, I work in an office where my boss has been consistently doing inappropriate things. Scheduling me in a way that is unfair versus a new hire, calling me and harrassing me at home about one word … read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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).

Show MoreShow Less

Ask Your Question

x