California Employment Law

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I used to work for a company about 2 years ago this

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Hello. I used to...

Hello. I used to work for a company about 2 years ago this September. I live in California, can I still file for unpaid wages? I did not receive my sick pay, vacation pay nor was I able to take all my breaks during the 3 uears I worked for them.

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

I was the HR Manager and due to unethical practices that where done by the company owner, I resigned. I have not spoken with any attorneys since.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

At will.

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

The employer would also charge back vacation and sick pay. During my final conversation witht he company owner, I have an email confirming the charge backs at which point I outlined the California State Labor penal code and have yet to receive anything from them. I am only looking into this once more as other employees of that company have reached out to me and wanted to know if a class lawsuit could be done as they as well have been left without pay.

Submitted: 3 months ago.Category: California Employment Law
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Answered in 6 hours by:
3/26/2018
California Employment Lawyer: Lucy, Esq., Attorney replied 3 months ago
Lucy, Esq.
Lucy, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 32,264
Experience: Lawyer
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Yes, you can still take action against a California employer for unpaid wages even after moving out of state. You can join a class action, file your own suit in California Small Claims Court, or ask the Department of Labor to collect the wages for you by filing a wage claim. Just be aware that the statute of limitations is three years, so you don't want to wait to long.

Each incident where they failed to pay you is separate, so if you worked there for three years and left two years ago, you'd only be entitled to unpaid wages during that last year of employment. The longer you wait, the less you'll be able to collect.

Have I answered your question? If any part of my response is unclear, please reply WITHOUT rating so I can clarify. My goal is to provide excellent service, so if I've done that, please give me a 5-star rating before signing out. Thank you for using JustAnswer.

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California Employment Lawyer: Lucy, Esq., Attorney replied 3 months ago

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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.

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