Legal Question in Employment Law in California
Garnishment wage notice reason for termination and slander by employer
I was recently released from my employment for reasons of the company needing to cut back on expenses. I am still due a weeks worth of wages. An associate of mine ran into to my former employer where he proceeded to claim that because of a wage garnishment notice for taxes on a prior year was received was the reasons for my termination. In addition, he claimed bad performance on my part. My associate stated on the contrary to his claim of bad performance, noting that they knew that was not true. The employer proceeded to say that there were mistakes, no taxes were paid, a letter from the IRS etc., I worked for this company for just under 3 months, and heard nothing but how happy they were with my work. When he told me he was having to let me go, I understood, and had even suggested the possibility if the company was not able to pull out of the serious debt it was in with a particular vendor. That day, I clearly stated that I was due my current week's wages (the payroll end date was the following day of my termination) He acknowledged the wages and said he would have it to me by that Friday, the companies normal weekly pay day. I agreed, yet I have not received my last wages.
1 Answer from Attorneys
Re: Garnishment wage notice reason for termination and slander by employer
There are at least two issues: 1) wages; and 2) comments to your "associate."
Walk, don't run to the labor board. Not only are you entitled to wages for the time you worked, but statutory penalties.
As for comments to your "associate," those could be considered defamatory because they're false statements of why you were terminated. Did your "associate" think any less of you because of the employer's comments? Have the comments ruined a possible friendship or kept you from getting another job? These are things to think about before you become embroiled in some ugly litigation.
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