Legal Question in Employment Law in California

I'm a caretaker for a small business, I sleep in the office because they don't give us a room there (I work from 2:30PM - 9:00 am but only get payed from 2:30PM - 8:30pm that's another matter im taking up with labor board) but, I threw the trash in the office and took it out to the curb and while throwing it I noticed my check stub was in it but it was a printed paper (I had no received my check stub on the date I was payed I had to ask for it and my boss gave it to me a week later) so I took it out of the trash, when I showed it to my co-worker he got angry, called my boss and asked him why, on the check stub it showed hes paying a person illegally to work there, who lives nowhere near us and who used to work there last year (illegally) and had felonies so they told us they had to let him go because he couldn't legally work there, but somehow he was still on payroll, when my co worker asked my boss why he was still on payroll, my boss fired him saying he touched company documents, I tried explaining it to my boss and questioned him as well but he wouldn't listen, I am taking it to the labor board with many other complaints but, can I get in trouble for pulling my own check stub (piece of paper not an actual check stub but shows hours worked from me and 3 other co workers) ? Please reply and let me know if I can get in trouble for it or if my boss would be in the wrong. Thank You


Asked on 3/12/13, 10:13 pm

1 Answer from Attorneys
Misty Wilks www.FinancialSolutionsLaw.com

I'm not sure I completely understand the scenario. It does sound as if he may be doing something possibly illegal. The labor board might be a good place to start.

I don't think it is 'illegal' to take something out of trash you have a right to be near (the answer might be different if you were trespassing). But, did you sign any confidentiality, non disclosure or similar agreements with the company? If so, one could argue you violated he agreement - but if you discovered evidence of a crime - laws might protect you, if someone raised the issue.

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Answered on 3/28/13, 1:25 am


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