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Company cheating employee's... California

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  • Company cheating employee's... California

    I Have worked for this company in southern California for about 8 months. During training I was paid minimum wage at 8 hours a day for 2 weeks. I was forced to work up to 12 hours a day but was only paid for 8. After Training was finished I was told to work a minimum 10 hours a day 6 days a week but was only allowed to claim 40 ours a week. After about 2 months I started to work 5 days a week but was still expected to work at least 10 hours a day.

    I was also forced to attend about 3 or 4 mandatory meetings that the employee's were not paid for our time.

    I had to apply for a live scan security pass that I was told I would be reimbursed the $75 the Live scan cost me. I was never reimbursed.

    I was involved in a car accident where I rear ended another vehicle while I was driving the company truck. I believe 2 things attributed to the accident, The most important was the lack of proper maintenance of the vehicle, causing the brakes to malfunction at the time of the accident. The rear brakes on the driver side needed new pads and where grinding on the rotor. The front driver side brakes where leaking at the caliper. I noticed the leaking brakes after the accident. The 2nd was the equipment That I was supposed to have running at all time's needed constant attention to make sure it was running. It would power off on its own and needed me to turn my attention to it rather then the road.

    I made my manager aware the day before on my maintenance log that the brakes needed to be looked at.

    The night of the accident 4/9/14 I was told to go home and was put on suspension till the vehicle could be looked at. manager said hopefully no longer then a day or 2.

    the pay period ended on 4/12/14 and I had not heard from my work, I called monday and did not get a call back.

    Friday 4/18/14 is pay day and I was expecting my check to be direct deposit, It was not in my account. I called the manager again and she returned my call saying that the check is in the office and I can pick it up this weekend. I set up a time and she cancelled saying she was sick

    Monday 4/21/14 I went to the office to get my check where I was fired for being at fault in the accident and costing the company money.

    From the 9th till the 21st I was left in the dark with no pay.

    The truck was in the same spot I had left it and had not been looked at by a professional.

    From what I understand The company owes me pay for the days I was suspended. I was paid 3 days after the normal payday.

    Any suggestions on what route I can legally take?

    Thanks in advance

  • #2
    Easy stuff first. File a wage claim for any hours worked but not paid with CA-DLSE.

    You can try to file a CLC-2802 related wage claim for unreimbursed business expense with CA-DLSE.

    The termination is likely legal under Employment At Will.

    It is very unlikely that you are due pay for the suspension.

    There may be a late payment penalty involved (CA-DLSE again).

    The accident is complicated. I am unsure what you think you recourse is but likely it is "talk to an attorney".
    Last edited by DAW; 04-24-2014, 05:56 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      The law isn't going to require your employer pay you while suspended as you were performing no work. You are also not absolved of liability for the accident. You failed to pay attention to the road while driving and leave enough room to brake. That is on you. I am not sure how yo ucan be so sure that the vehicle wasn't inspected as you are not there, but there is no legal obligation to have it reviewed for faulty brakes or other issues.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        I dont know the laws and thats why I asked you folks. I dont think it really matters but other employee's told me the truck has not been inspected. The main reason I thought they may owe me back pay was due to a ca law I was reading about stating an employer must come to a decision regarding the employee's employment status before the end of the pay period or they could be liable to pay the employee up until the time they were fired. I know when an employee is fired the employer must have the final check ready for the employee, I didn't get my final check until the 21st, pay day was the 18th and I was suspended the 9th.

        Thanks for the replies


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