Legal Question in Employment Law in California

Dear Lawgurus,

Today I have a not really pleasentful conversation with my employer. I started a new job 4 weeks ago after signing a Offer Letter where my salary and my functions were explained. One week ago, HR send me a contract for my review. Due to my work tasks, I havent had time to review completely it since we need to finish something really important before the end of the month. Besides the contract is quite long and there are a lot provisions I don't agree. Today I received a call from my employer after office hours telling me I should sign it before tomorrow. I told them, it was not the moment to discuss it and they insisted it or or they wouldn't be willing to pay me. The company is from Asia, so I told them this is the US not Asia and they should follow the rules of the US where I think to dont pay me my salary illegal, plus force me to sign a contract.

First I dont consider ethic to push me to sign the contract without reviewing accordingly and without a due date.

Second, I consider a threat what they say about not paying me if I dont sign.

I would like you advice in order to take my next actions.

I like the job and I like the people, but this thing is worrying me.

Thank you in advance,

A.


Asked on 6/29/16, 1:06 am

1 Answer from Attorneys

It is illegal to withhold pay when work has been performed and a payday has arrived. On the other hand, if you were my employee and you couldn't be bothered to find time to sign my employment contract for over a week, AND then you told me off that you didn't want to discuss it when I called you about it, I would almost certainly just fire you for insubordination, send you your pay for work performed, and be done with you, and I would be entirely within my legal rights to do so. So you might want to reconsider how you are handling this.

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Answered on 6/29/16, 5:13 pm


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