Legal Question in Employment Law in California
My husband was let go on June 28th the former employer said "I kee you were unhappy and I didn't want someone like that to be here if you didn't want too, here's your last check, I hope you don't take it personally and that we can remain friends"? His last check was dated for July 4th! On July 3rd we deposit the check, a week later found out that it was stopped paid, we called the bank and they said the employer can stop a check anytime after cutting it to an employee. My husband put in a call to the labor commissioners office to file a claim, not he was never paid for any overtime for his whole 2 1/2 months of employment with this company. He also texted his former boss and asked why he had stopped payment in his check his response was " bring my shit back" now we are dealing with his unemployment being denied and hrs worked unpaid for, we have 3 small children with 1 job in the household, bills are 1 month behind. Today we had an unannounced visit from 2 detectives questioning him on missing property's from the shop ; ie. Quads, motorcycled. Etc. Then in the afternoon a conference at the labor law office, the meeting didn't go well, due to the fact that there was a criminal investigation open on this case/ part there was nothing labor board can do until the missing items case is resolve! When it rains, it definitely pours!! Pls help.
1 Answer from Attorneys
You are never going to get the help you need on the internet. You need to talk to an employment lawyer one on one. If they are wrongfully withholding pay, they will have to pay attorneys fees on top of an award of back wages. If there is a legitimate issue of missing property and reasonable suspicion that your husband was involved, then you need a criminal law attorney. On the internet we can only tell you what you already know - the pay issue is tied to the missing items and until your husband deals with it, your pay and unemployment claims are going to be held up.