Legal Question in Employment Law in California
I took 12 weeks off for maternity leave. I was paid 8 of the 12 weeks off by state (CA) disability for pregnancy. The other 4 weeks were upaid by my company and the state. My MD based company did not pay anything during this time expect a week's worth of vacation and sick leave. When I returned to work they deducted money from my paycheck for 6 pay periods. About $500 each time. They said it was because I only worked 75% of the school year ( I am a public charter school teacher). I was not paid by my company when I was out on leave. I was paid disability by the state. In essence, I feel I was not paid at all because they basically collected money from me that I was paid when I was on disability when i returned to work. Is this legal in California?
2 Answers from Attorneys
Employers may only make authorized deductions or those that are mandated by law, from an employee's paycheck. They are not permitted to use self-help take take money back, even if you were overpaid. It is not clear what the deductions you refer to are for. If your employer does not provide a satisfactory explanation, seek help from an employment lawyer who will know how to address the matter.
Special wage rules apply to you under the Education Code, because of your 9/12 work year. Your employment contract terms also may apply - review them to see. Any claim of unpaid compensation can be filed with the local Labor Commissioner office. The best thing for you to do is talk to them and see if they agree there is a wage violation. If so, you can then hire an attorney to represent you in the hearings and trial on your claim. I'll be happy to help you in that.
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