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New hire quit while training - California California

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  • New hire quit while training - California California

    Last week a newly hired employee for our restaurant showed up for three days of training, couldn't make it one day for an emergency, then flaked out on her last scheduled day of the week. Later I got a text that the job wasn't for her. Now I feel like this was a complete waste of time and inconvenience. I told her the job pays min wage plus tips. She is not in the payroll system and there is no record of her being there besides a handwritten timesheet. Can I avoid paying her without worrying about a wage claim against me?
    Last edited by Dhallpro; 11-07-2017, 09:04 PM.

  • #2
    Nope. There are no circumstances whatsoever when you can legally not pay someone for time actually worked. No one here knows if she WILL file a wage claim if you don't pay her, but if she does, you will lose. You don't have to pay any more than minimum wage (the higher of state or Federal) times hours worked, but you do have to pay.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      Absolutely you must pay her at least the minimum wage. Also, if she collected any cash tips during this training time you need to process those through payroll as well.

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      • #4
        Actual, CA is one of the very few states which requires all due wages be paid, not just federal/state DOL and CA-DLSE will help enforce this. If your company policy (ahead of time before any work is done) specifies that ALL employees are paid minimum wage during training, that would get around this rule.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          No you can't avoid paying her. You should pay her the min wage. Why would you take a risk here? No one knows here that she'll complain against you or not.

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          • #6
            Have a formal written rule in your handbook, which the employee signs day one early. Do not give the employee any room to claim a higher rate in court. If the rule is in your head (only), then if they file for their normal rate, their chances on winning are not bad.

            My last employer had all new employees start on Mondays and had a mandatory orientation period which including signing a whole bunch of paper. Including all of rules (one per page) we wanted them to not be able to claim later they did not know. I also got my W-4 and direct deposit paperwork completed at the same time. In CA you cannot legally force someone to signup for direct deposit, but you can put the form along with a bunch of other mandatory paper. We would even send someone for 15 minutes to answer AP/PR questions (both reported to me, and all my payroll people used to be AP people).
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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