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Can Employer Hold Pay of Temp Employee? California

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  • Can Employer Hold Pay of Temp Employee? California

    I was a temporary contract employee. The agency claims the client is not paying them so they will not pay me. Is this legal? Nothing in the contract states they can hold my pay.

  • #2
    Originally posted by andrewea View Post
    I was a temporary contract employee. The agency claims the client is not paying them so they will not pay me. Is this legal? Nothing in the contract states they can hold my pay.
    No, they cannot.
    Please no private messages about your situation.

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    • #3
      No, they can't withold pay. Their recourse is to sue their client, not to withold yor pay. You can file a claim for unpaid wages with the DLSE, if you were an employee, or you may file suite if you were an independent contractor (I suspect you were the former)

      -Tim
      Busy B Realty - Honey Run Apiaries

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      • #4
        http://www.dir.ca.gov/dlse/FAQ_WaitingTimePenalty.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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        • #5
          Unpaid wages and

          I worked for a consulting firm and was not paid for my last week. I filed a claim with the Dept Labor. Since I was consulting at a client's workplace I heard that I can bring them in as a 2nd defendant in this matter. Does anyone know how this works? Do I request this from the Commissioner?

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          • #6
            I doubt it. Who controls your paycheck? The staffing agency?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Agreed. You want to keep your story as simple as possible and not try to confuse CA-DLSE. Your employer was required to pay you and they did not. End of story. Let your employer bring in the dancing bears and the tamborine girls in an attempt to confuse the facts (it will not work).
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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              • #8
                As a joint employer, the client is also liable for the unpaid wages, but don't complicate things at this point.

                Should you go through a court, though, the equation would change and naming the client as a co-defendant in a suit would be beneficial. For one thing, the client would likely lean really heavily on the staffing company to settle and to do so quickly. Unless the staffing company never intends to do business with the client again, it will adhere to the client's wishes.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

                Comment

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