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Probation Period California

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  • Probation Period California

    I was hired on a 30Day probation period and was to receive my first pay 30 days after I shipped out my first package. The dates were 11/14/2016 to 12/15/2016. It is now 12/23/2016 and the employer has still not paid me. They stated that the company has not decided yet as to keep on a Logistics Manager in Florida or not and until they do, payroll does't know which tax forms to have me fill out. How long do they have to get my paycheck to me and where do I stand?

  • #2
    Are you an employee or independent contractor? Sounds like employee, but I could also see them trying to set it up as an IC position.

    are you working in Florida or California because it makes a world of difference? (they have to establish a business presence in every state that they have employees in) Florida wage laws are much lighter than California's.

    if FL, do they have other employees that do NOT work in California? Sounds like the answer is no, since they don't know how to handle an out of state employee.

    In the end they still owe you for all hours worked, so you make a wage claim to either the Florida DOL (otherwise it would be the CA DLSE)

    That said, Florida does not have any laws dictating when or how frequently an employer must pay employees their wages. the FLSA/federal government allows the states to set that wage law and Florida has chosen not to do so.

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    • #3
      I was hired as an employee and yes I live in Florida. The company also has other employees that DO NOT reside in California as well. There are several of us that have kept in contact with one another through a Jobcase/job scam website. None of us has received the pay we were promised at the end of the probation period. All of us had the same name of the HR person, trainer, and payroll people that conducted all the hiring, etc. One person even stated that at the end of the probation period that the company contacts the local authorities and reports us as shipping stolen merchandise. What do we do?

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      • #4
        Honestly based on those last details, I would document ALL correspondence and see fi the others can too and jointly hire an attorney. Sounds like you all got scammed.

        you can try a wage claim but if the employer is a scam and doesn't really exist, you might not have much luck.

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