Legal Question in Employment Law in California

I assume you live in California. If you live elsewhere, the answer will be different.

Your husband (and it is your husband who must do this, since he was the employee), can file a claim with the California Labor Commissioner for unpaid wages. Alternatively, he can file a claim in small claims court.

Since he was terminated without payment of final wages, he will be entitled to recover certain penalties, pursuant to Section 203 of the California Labor Code.

Best of luck to you.

Your husband should call an employment law attorney to discuss. Many of us offer a free initial phone consultation and may be able to help him at no cost to him. Calif. law requires that employees be paid for their time and upon being fired, must be paid their final paycheck the final day. If not, the employee is owed his/her unpaid wages plus one day's pay for each day she/he must wait to be paid - up to 30 days and the law states that the employer "shall" pay the employee's attorneys' fees. A strong demand letter written by an employment law attorney may get your husband what he is owed. Otherwise, he can represent himself before the Labor Commissioner for free or file a Small Claims Court lawsuit where he must represent himself without legal counsel.

Law Office of Kristine S. Karila