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California Unlawful Termination California California

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  • California Unlawful Termination California California

    My Employment was terminated several months ago after I threatened to turn my employer in to the DLSE for unpaid wages. I wish to pursue a claim for retaliation. What are the Labor Code Sections that pertain to unlawful termination and retaliation? Also, I understand that there are multiple government bodies that I can file a claim through, which would be the most beneficial?

  • #2
    Unpaid Wages California

    I currently have a pending claim with the DLSE for unpaid wages. Section 215 of the Labor Code stipulates that violating Section 204 is a misdemeanor. Can I prosecute my former employer with the DA for criminal charges in the superior court system while I have a pending civil claim with the DLSE? Positive or negative ramifications?

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    • #3
      Remidy for not providing me with my Paystub California

      I have a pending wage claim with the DLSE. Unfortunately I am missing one paystub that is actually very crucial. Pursuant Labor Code Section 226 sub section (b) I requested a copy of my paystub. I then filed a request for discovery to get my paystub. During a conference with the Deputy Commissioner my former employer acknowledged my request and said I would receive my copy before the 21 day deadline. For that reason the request for discovery was not granted. I did not receive my copy of my paystub. What are the consequences and what action should I take since they violated Section 226 (b)?
      Last edited by cbg; 03-19-2010, 07:48 PM.

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      • #4
        Okay, I think we get the idea. You want to sue your former employer.

        To make it easier for the responders, I've merged all of your threads so that they can see the whole picture. My personal advice would be that since you're haring off in so many directions, you might want to discuss your situation with an employment attorney in your state who can evaluate what, if any, claims you have and the best way to address them.
        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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        • #5
          Contract required me to not disclose wages California

          My former employer has a policy forbidding any employee from disclosing their wages. They also require that every employee signs a contract agreeing to not disclose, both of which are in violation of California Labor Code Section 232 subsections (a) and (b). What action can I take against them in this matter?

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          • #6
            I agree with cbg re talking to an attorney. You seem to have several questions & you want information re suing your former employer.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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            • #7
              Definetely call an attorney. You seem to have done your research and have quite the itch to sue, good luck with that.
              Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

              I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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