Legal Question in Employment Law in California

My boyfriend and I started working for a management company as an apartment manager & him as a maintenance and I was the only one that signed a contract my boyfriend didnt sign anything so the work he would do they made the checks payable to me and not his name. So on the contract I was going to compensated the apartment and I was going to get paid so much money if I collected a outrageous amount of rent money which the totals that I had and the total the management company had for rent collected didn't match but I didn't know that when I had signed the agreement. I came into the complex with 9 vacancies and in 2 months I rented out most of them at this time I have 2 vacants. On June 27 the owner came to the complex and saw the vacancies and didn't like the way the where as far as being rent ready so he yelled at me and my supervisor accused me of just sitting on my ass and taking his money which is untrue he has not paid me for my work just the apartment. So I told my boyfriend that the owner yelled at me and he confronted him telling the owner this is America and we have labor laws and he cant yell at me in that matter. Well the following week he fired my boyfriend and the money that I didn't collect from the rent he deducted it from my boyfriend's check so my boyfriend ended up not getting paid for the work he done he was on salary which was $500 for one complex and $1150 for the other complex put they deducted the balance the tenants didn't pay so we walked away with a check for $700. The check of course was made out in my name. So am I responsible for the tenants not paying the rent? Is it fair to take it out money off my boyfriend check just cause tenants can not pay there rent? My boyfriend did his work I don't think this is fair! P.S. Im still here as a manager and I didnt collect all the rent money they want and I have a feeling they are going to charge me for that money. Can they do that?


Asked on 7/22/09, 2:05 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Employers are generally not entitled to deduct any losses from employees checks unless they are losses caused by the employee stealing, or by 'gross negligence' in dereliction of their duties, not just from 'simple' negligence and poor performance. Even then, the safest procedure for the employer is supposed to be to pay the employee in full and sue for the losses, or even to file criminal charges if justified. Both you and your boyfriend should be able to collect any improperly deducted amounts, based upon your statement of facts. If he wants to pursue his claim, the easiest way is to file with the local office of the Labor Commissioner for the unpaid compensation, asking also for interest and penalties. He is entitled to hire an attorney to help him and represent him in the hearings and trial. If he wins, he is entitled to get his attorney fees paid as well. He could instead file a civil suit, but that costs money for filing fees, attorney fees, etc., while the Labor Commissioner filing is free. The same applies to you if they do the same to you. If serious about hiring counsel to help, feel free to contact me.

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Answered on 7/22/09, 3:05 pm


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