Legal Question in Employment Law in California

I called my employer to inform them I had a family emergency out of state and wanted to get permission on when i would reasonably book the ticket because of my scheduled shifts coming up. I called the restaurant to speak with my boss and he said he was busy and hung up on me. I then called his wife and left a message to contact me regarding my situation. when she returned my call, i inquired on what would be a good time that i could schedule my trip (as i did not want to jepordize my job). she said do whatever i wanted and hung up on my. when i called the restuarant again to see if i could speak with my boss, he said "what are you on. if you call here again i will call the police on you". it was a very bazare experience. i assumed i was fired. i have yet to receive my final paycheck as well. my employer has had a customer of theirs calling me to come get my check from him. i informed him the first time he called to have them mail it to me, they have not. i have saved the phone messages. now, my unemployment insurance is in jepordy. any help you could provide me would be appreciated


Asked on 4/15/10, 1:11 pm

1 Answer from Attorneys
Robert Worth Robert J. Worth , Professional Law Corporation

Sounds like your employer is quite rude. If you are fired, all monies (including vacation pay earned) must be paid promptly by the employer (and in no event beyond 72 hours if you voluntarily terminated). Under the Labor Code an employee is entitled to waiting time penalties up to 30 days pay for a delay by the employer. I hope this helps you. You should consider contacting either an employment attorney or perhaps the Labor Board to file a claim. Bob

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Answered on 4/21/10, 10:22 am


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