Legal Question in Employment Law in California

No contract employee contract until date of termination

Employed as a loan processor there was no contract signed in reference to subcontracting until the day I was fired. They made me do 2 contracts because I had crossed out what they originally promised to pay me monthly. They had me date it effective the day I was hired although it was never generated until the day I was terminated. The reason for the contract is because they did not have the money that they owed me which was $8200+ and they had not taken any taxes out of my checks previously. I was not a contract employee. I was salaried and worked out of their location only, using their supplies. Another contract was also generated by the owner's detailing when they would pay me monies still due. I felt obligated to sign it as it was my only recourse to collect the monies owed me and felt if I didn't sign it I would never see due wages. Now I am concerned that because I signed the contract that the laws do not apply to employers giving all wages due on the day of termination.

What are my options regarding this matter? Do I have rights to all monies due on day terminated? Please advise. Thank you for your prompt response to this matter.


Asked on 9/11/00, 5:57 pm

1 Answer from Attorneys
Stuart Kaye Law Offices of Stuart M. Kaye

Re: No contract employee contract until date of termination

No employer in California can contract around the provisions of the Labor Code requiring the payment of accured wages at the time of the employee's termination. Any such contract would be void.

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Answered on 10/12/00, 10:15 am


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