Legal Question in Employment Law in California
Fired after 5 days
(I got papers from employer re: drug-free workplace which made reference to "Personnel Rules and Memoranda of Understanding", which I never received, therefore did not know grievance procedures, disciplinary process, causes for termination). Because job is 50mi from my home, my supervisor and I discussed this and agreed on the need to report to work on time as well as the need for a brief learning curve about the commute in order to accomplish this. I reported late for the third time (twice called ahead, 1 time boss says she never got messages)and was terminated. (I was not a union member and received questions about that on two days). It has been over a month and I have not received payment for wage earnings. Also, could I file a civil claim for all that gas money?
2 Answers from Attorneys
You dont need a lawyer
File a complaint with the office of the California Labor Commissioner. They will get your wages for you at no cost to you.
Fired after 5 days
The employer may establish standards for new employees. The commute issue was discussed with you and you were aware that it was a concern to the employer. You have no claim for the termination. While not clear, you imply that there may be a Union representing the employer's employees. Generally new employees are on probation for a period of time (30, 60 90 days, etc.). During probation the Union can't help you unless the employer's actions violate a statute.
As to your claim for wages - an employer must pay you in full at the time of termination. Labor code Sec. 203 provides penalties for failure to do so. File a claim with the State Labor Commissioner, Division of Labor Standards Enforcement.
You have no claim for gas money.
The above is meant to assist in a general understading of the subject matter. IT IS NOT TO BE REGARDED AS LEGAL ADVICE AND NO ATTORNEY - CLIENT RELATIONSHIP HAS BEEN ESTABLISHED. Companies and individuals with particular questions should seek advice of counsel.
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