Legal Question in Employment Law in California
Legal to work in exchange for rent
I worked on a ranch for nearly 4 years. In exchange for wages, I lived in a studio apartment on the ranch. There was no written contract. I worked for two ederly women who owned 14 or so high maintenance show horses. One day after a misunderstanding they simply told me that I had a week to pack and get off of the ranch. Is this situation legal?
1 Answer from Attorneys
Re: Legal to work in exchange for rent
The nature of your question seems to be whether it is legal for an employer to terminate your employment with one week notice and evict you from an apartment. As a general rule, at will employees can be terminated at any time with or without notice.
However, the other issue which exists here is whether you were paid properly. Although it is legal for an employer to provide housing as part of an employee's compensation, there are limitations to the value the employer can claim. The remainder must be paid to the employee in the form of wages. As an agricultural employee, your employment was governed by the provisions of Wage Order 14, which can be reviewed at the Division of Labor Standards Enforcement web site. You should read this wage order to terminate you were paid properly, and either consult with an attorney or file a claim with the Division of Labor Standards Enforcement promptly. There is a three-year statute limitations for recovering backpay; each day that passes without the filing of the complaint results in the loss of the ability to recover.