Legal Question in Employment Law in California
What can I do if I was fired for unfair reasons
My boss forced me to work more hours than I could rest up for. As a result I fell asleep at the wheel while driving a truck and got into an accident. I was fired a day later. I strongly feel I was never allowed time to rest inbetween delivery runs. My boss won't pay me for the last two weeks that I worked, he wants to use my check to pay for the damages.
2 Answers from Attorneys
Re: What can I do if I was fired for unfair reasons
Generally, an employer can fire a person for any reason that is not discriminatory. The scenario you have painted is one that does not fit within any recognized cause of action for discrimination. However, there may be additional facts that an in-person interview would reveal which alter this answer.
On the issue of withholding your pay, it may depend on the position you were occupying, but an employer cannot withhold your pay if it means that your hourly wage will fall below minimum wage.
Re: What can I do if I was fired for unfair reasons
There's not much you can do about the discharge, but it is illegal for your employer to withhold your wages. File a claim with the Labor Commissioner for your wages and up to 30 days waiting time penalty.
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