Legal Question in Employment Law in California
Hi, 2 days ago i got fired and i just wanted to know if i am able to file a wage claim or anything else? i am getting paid under the table?
Asked on 3/28/11, 1:09 pm
1 Answer from Attorneys
Whether or not you can file a wage claim depends on whether or not you were paid at least minimum wage, overtime if your job and pay did not qualify for overtime exemption, and if you got your meal and rest breaks. Paid under or over the table makes no difference. Your biggest problem is going to be with claiming unemployment. Your employer's failure to pay into the UI fund does not mean you can't get UI, but the lack of proof of your employment will be an issue. I suggest you get in touch with EDD immediately and start working on what you will have to prove to get your benefits.
Answered on 3/28/11, 1:14 pm