Legal Question in Employment Law in California

I got fired through a text message, I never recieved any breaks, and I didnt get my last check and its been almost two weeks is any of this legal?


Asked on 8/03/10, 11:14 pm

3 Answers from Attorneys

David Sarnoff Sarnoff + Sarnoff

Generally, California law requires employers to provide breaks and meal periods for non-exempt employees. This would be a 10 minute break for every 4 hours worked and a lunch period if you worked more than 5 hours in a day. You should seek the advice of an attorney who specializes in this area of law, as that is the best and most efficient way to fully assess your legal rights.

Also, when an employee is terminated in California, the law requires any employer to pay all wages earned on the day of termination. This includes payment for work done and all unused vacation and sick days. The method of termination (text message) itself is not unlawful. You should contact a California employment attorney to fully explain your rights for this issue, as well.

If you would like, you can contact my office at (213) 536-4236 to discuss this matter further.

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Answered on 8/09/10, 1:06 am
Terry A. Nelson Nelson & Lawless

You could file a claim with the Labor Commissioner for unpaid compensation, interest and penalties on the breaks, as well as the final paycheck. If the company refuses to pay those things, or contests the claim, you can hire an attorney to help and represent you in the hearings and trial on your claim. If you win, you'd be entitled to recover your attorney fees from the company. If serious about doing so, feel free to contact me.

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Answered on 8/09/10, 11:53 am

No, it is not legal. Contact the Division of Labor Standards Enforcement: http://www.dir.ca.gov/dlse/dlse.html

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Answered on 8/09/10, 3:29 pm


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