Legal Question in Employment Law in California
A job was misrepresented and I quit... now they wont pay me!
I signed a contract that stated the following:
14. Termination Conditions:* I recognize that I am an �at will� employee, which means that ** may terminate this employment relationship at any time for any reason or for no reason. But I MUST give 10 days written notice before terminating the temporary employment. I understand that by not giving the proper 10 days written notice, I will loose the wages for the last seven days of my work.
The recruitter misrepresented the hours. I was forced to work 16 hour days 2-3 days a week and then 8 hours the remaining days. I only lasted 5 days before being offered a better job with better hours and more money. Because I did not give 10 days written notice they are refusing to pay me.
Is there any way to get paid for my time? If they would have told me the hours instead of lying to me I would have never accepted the position.
Thanks for your help.
2 Answers from Attorneys
Re: A job was misrepresented and I quit... now they wont pay me!
You are entitled to be paid for every hour you have worked. The contract is not enforceable and you should file a complaint with the Labor Board. They will deal with these people and likely fine them for their actions.
Re: A job was misrepresented and I quit... now they wont pay me!
The contract is illegal and unenforceable. California law requires that you are to be paid for all hours worked and you cannot contract that right away. That includes overtime premiums for any hours worked over 8 hours a day and double-time if you worked over 12 hours a day, assuming you were a non-exempt employee.
You should either file a complaint with the California Labor Commissioner, small claims court (if the wages due are under $5,000), or pay an attorney to write a demand letter to the company.
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