Legal Question in Business Law in California

I was terminated in January. First week of Jan. out sick went to ER and had a urniary track infection. Terminated Jan 16th for reporting issues on my work not turned in on time. My problem, I NEVER knew we had sick time. Found out we did have it by pulling up a recent pay stub (I have auto deposit so don't get them, have to look them up.) I have 46 hours. Had I known I would have submitted to use those hours for the week i was sick. I found out we had sick time a day before I was terminated, so didn't have time to ask my supervisor about it yet. Then terminated the next day. A co worker gave me a form to submit for the sick time, since I never received any mail or email about us now having sick time. I submitted it, and now my Sup. tells me I can't collect sick pay for that week because I'm terminated now. Another co worker quit her job and got paid her sick leave on her last check. Had I known I had sick time to use I would have definitely used all of it for the week I missed instead of missing a weeks worth of pay, who wouldn't?? What can I do about this, this is unfair. First supervisor told me the information was sent by email in June 2016, then when I look at all my emails, nothing there. I tell her this, then she says it was mailed out, never received anything on sick leave in mail either. Other co workers told me it was sent to them by email, other co workers never got any information like myself. Can you help or advise me what I can do. I accrued this sick time by my working hours so I feel I earned the 46 hours and it should be paid to me. Thank you, Victoria Lawson


Asked on 2/27/17, 7:40 pm

1 Answer from Attorneys

Keith E. Cooper Keith E. Cooper, Esq.

Wage and hour claims are handled by the California Labor Commissioner, Department of Labor Standards Enforcement (DLSE) and you can make a complaint with that office. Information about how to do that is on their website. They can determine whether you are owed back sick pay or penalties and, if you are, can collect it for you.

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Answered on 3/03/17, 2:06 pm


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