California Employment Law

Have California employment law questions? Ask a lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I manage a small business in California. I sent home an

I manage a small...

I manage a small business in California. I sent home an employee for one week with no pay on a disiplinary suspension for repeated violation of our company policy that employees must work till 5pm unless they have previously requested early dismissal. Is this practice legal? The employee went to the local labor commission and is claiming he was terminated and not given his pay. He was not terminated, just suspended for 1 week. Can I legally do that?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Please send my message to employment law not real estate law

Lawyer's Assistant: Has anything been filed or reported?

Yes. We have a hearing scheduled at the Labor Commissioner on Friday Jan 5

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No I don’t think so. Just need to know if my position is legal or whether I will lose my argument in front of the labor commissioner.

Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 22 minutes by:
12/30/2017
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,550
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.

Were you clear with the employee that this was a suspension and that they would be given more work after one week?

I very much look forward to helping you on this matter.

Ask Your Own California Employment Law Question
Customer reply replied 7 months ago
He knew it was just a 1 week suspension. I told the Deputy Labor Commissioner that I could produce sworn and notorized statements from direct witnesses that this employee was just suspended for 1 week. I told the Commissioner that and that he is welcome to resume employment here as long as he is willing to follow the rules. I believe the employee doesn’t want to come back to work and his just trying to hurt us. He is asking for over $5000. in lost wages and waiting time penalties.

Thank you.

The waiting time penalties only apply if he was terminated. Whether he was terminated is a question of fact, which hinges on whether the employee had a reasonable expectation that their employment was permanently discontinued. Obviously, if the employee was told that they were only being suspended for one week, they would have no reasonable expectation that their employment was permanently discontinued. Since you have witnesses who will testify that this is what the employe was told, it seems you can easily prove there was no termination, and thus that there is no liability for waiting time penalties.

There is no claim for "lost wages" because employment in CA is "at will" absent an agreement to the contrary and as such can be terminated at any time for virtually any non-discriminatory reason.

I would be shocked if the Labor Commissioner made a finding against you. If they did I would certainly appeal it in Superior Court, which you have the right to do.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Ask Your Own California Employment Law Question

Unfortunately, I'm not set up for phone calls. However, your request has been forwarded to other attorneys on the site who may be able to assist you further through that means. If you desire to continue here through this forum, it would be my pleasure to answer any remaining questions that you have. Just let me know....

Ask Your Own California Employment Law Question
Customer reply replied 7 months ago
I think you have answered my question. And I like the answer. I just need to provide the witness statements if it comes to the hearing next Friday. Thank you for your time. I would definitely recommend this service.

I'm very glad I could help. And yes, based on what you have described, you should have ample proof to defeat any claim for waiting time penalties.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,550
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
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: 14,550
14,550 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
Dear, How are you?, owner of a chain of ice-cream stores in
Dear *****,How are you?This is Kumar, owner of a chain of ice-cream stores in California.We have decided to terminate an employee as he was a No-Show today (and 2 times in past). We owe him salary of … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
After having been suspended twice over a period of 34 days
After having been suspended twice over a period of 34 days without pay, my employment was terminated in November 2014. I take full responsibility, and fully assume the consequences for my actions. Nev… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Have a meeting with my employer regarding Notice of Claim Conference
Have a meeting with my employer regarding Notice of Claim Conference at the Dept of Labor Commissioner State of California. This is regarding labor code section 98 (a).… read more
socrateaser
socrateaser
1,031 satisfied customers
I have to hire an employee, who would be working on contract
I have to hire an employee, who would be working on contract for my client. My client pays me almost 90 days from the time I supply my employee. Is it possible to delay making payroll to my employee u… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
Need tax-law answer to the following questions: We have
Need tax-law answer to the following questions: We have an applicant who wants to work for our company. He claims he has communicated with the IRS Legal Determinations Department and the IRS Commissio… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I am currently employed as a contracted hospital security officer,
I am currently employed as a contracted hospital security officer, for the last three and a half years. My work record is outstanding, and I am held in high respect by both fellow employees and hospit… read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,285 satisfied customers
Wrongful Termination or not? I was suspended until further
Wrongful Termination or not? I was suspended until further notice. When I came in to get my paycheck on payday I was told to sign some papers in regards XXXXX XXXXX suspension. One notice stated I con… read more
socrateaser
socrateaser
1,031 satisfied customers
I retired 12-6-13, having worked 41 years for same corporate
I retired 12-6-13, having worked 41 years for same corporate employer. I was paid on a commission only basis, getting credit for orders when billed to the customer, and paid the 15th of the following … read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,285 satisfied customers
I filed for unpaid commissions as an independent contractor.
I filed for unpaid commissions as an independent contractor. i had (2) hearings by state of calif labor commisioner, the last meeting , the commisioner denied my claim for unable to proove my employer… read more
socrateaser
socrateaser
1,031 satisfied customers
My husband works for a AAA contracted company. They make him
My husband works for a AAA contracted company. They make him work 5 days a week 40 hours a week paid hourly and then make him work the following evenings (Monday, Wednesday, Friday, Saturday, Sunday, … read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
is it legal to suspend employee for being absent even though
is it legal to suspend employee for being absent even though the employee informed the employer that he can not be at work for special circumstance?… read more
socrateaser
socrateaser
1,031 satisfied customers
Does the Labor Commissioner and CALOSHA work hand in hand if
Does the Labor Commissioner and CALOSHA work hand in hand if you file a complaint with either one? I was reading through the Labor Laws in Cailifornia and it seems some laws overlap one another when y… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
My daughter works at a optical retail store. She laid down $300 cash in a discreet area,
My daughter works at a optical retail store. She laid down $300 cash in a discreet area, while she looked for the store manager to open up the cash register. The money was stolen and they have suspend… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
I am a commissioned and salaried California employee for a
I am a commissioned and salaried California employee for a Colorado based company that has several hundred employees in the State of California and thousands of employees worldwide. My employer pays m… read more
Joseph
Joseph
Attorney at Law
Doctoral Degree
1,157 satisfied customers
Hello: My name id Tracey. I worked for Bloomingdales in San
Hello: My name id Tracey. I worked for Bloomingdales in San Francisco over the Holiday Season. I was hired to work on a straight commission/draw hourly wage. I was let go pn December 29, 2011 at the e… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I was a salaried employee and was terminated. my question
I was a salaried employee and was terminated. my question is if i was terminated on my day off, does that day count as a working day that I should be paid for? I worked on Monday was off Tuesday & Wed… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
I live in California and and have questions about the legality
I live in California and and have questions about the legality of "make up time." I have work at the same employer ( medical practice) for the past 5.5 years. About 4 years ago I was allow to change m… read more
Patrick, Esq.
Patrick, Esq.
Lawyer
Doctoral Degree
14,550 satisfied customers
I work in SF in the spa industry. I get an hour wage and commission
I work in SF in the spa industry. I get an hour wage and commission by two companies that I work for. They are St. Regis and Four Seasons hotels. The third is a company which is contracted out by the … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 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