Legal Question in Employment Law in California
I dont know
I worked 5 yrs for a self employed contractor. He came to me and asked that I work for him, because I was the best in the field he knew. I hurt my back in the later part of October 2006, and he wouldn�t pay for treatments nor provide workers comp info. I went to a chiropractor and could only afford 2 treatments. I was still forced to continue the same work I was doing, after about a month I ended a sexual relationship with him and he then fired me. he refused to pay the entire amount of my last pay check. He only paid partial. Throughout the course of employment, he refused to provide the same benefits (insurance, reimbursement for vehicle, retirement, and a business check) he was providing to a other male employee who had only been employed 2 yrs. I was told if I wanted a job this was how it had to be. He would only pay me in cash, but was withholding. After I applied for unemployment I was notified he had never paid into it, along with the other things he was supposed to pay into. I don�t know what to do, I still have a back problem along with no job.
2 Answers from Attorneys
Re: I dont know
This man has broken just about every labor law in the books. Based upon your statement, it appears he wrongfully terminated you for not having sex with him any longer, discriminated against you based on sex, violated state laws requiring he pay your state payroll tax and workers compensation insurance, as well as federal tax laws, and owes you wages and penalties for not paying your full salary. And that may be just scratching the surface. A closer inquiry most likely would reveal other violations, as well.
Clearly, you need legal help. You should contact an employment law attorney in your area to go over the facts of your case and explore your options.
Re: I dont know
You have a variety of claims against this employer. E.g., (1) Sexual
Harassment; (2) Retailiation; (3) Wrongful termination in violation of
public policy; (4) wage claims for not withholding or giving you a pay
stub; (5) wage claim re not pay final paycheck (which carries with it a 30
day penalty (of wages for 30 days). You probably have other claims as
well. The fact that you had a consensual sexual relationship is no defense
for the employer. You can sue both the individual and the company. We
would be interested in this case. Please call our office to discuss it.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
