Legal Question in Employment Law in California

20% pay cut & continually late/bounced paychecks constitute ''hostile environmen

My current employer has an established record of handing out late and often bouncing paychecks (other employees have won judgements for 2x pay per day for bounced checks). On top of that I was just given a mandatory 20% pay cut due to ''financial issues''.

I'm trapped on the Titanic. Can I quit and still receive unemployment benefits?


Asked on 5/09/03, 10:29 pm

2 Answers from Attorneys

Craig Silman The Law Office of Craig M. Silman, Jr.

Re: 20% pay cut & continually late/bounced paychecks constitute ''hostile enviro

There is probably nothing that can be done about the paycut unless you can link the paycut to a unlawful or discriminatory labor directed at you. There are not enough facts to warrant speculation.

As for the checks you can go to the labor commission and files charges against your employer. For every day your employer is late with your paycheck the employer will have to pay you penalties of up to one day of pay for each day he is late. I am not sure about twice the amount though.

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Answered on 5/13/03, 10:29 am
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: 20% pay cut & continually late/bounced paychecks constitute ''hostile enviro

Employers must pay their employees no less than twice a month and within specific time frames from the date of the service performed by the employee. Failure to do so may result in the imposition of penalties for each paycheck that is late, even if by reason of bounced check. You definitely want to go to the California Labor Commissioner's office about this.

If you can show that the conduct of the employer is so burdensome to you that you could not continue to work there, you may be eligible for unemployment benefits if you quit. But be prepared to show you have done everything possible to correct the problem and the harm being caused, because EDD may take the position that getting paid, even if late, is better than not working at all.

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Answered on 5/13/03, 12:05 pm


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