Legal Question in Employment Law in California
Notice given, fired then funds withheld
My husband gave notice to his manager and set the expectation that he would finish the month out (16 days of work) to which his manger agreed.
That evening the owner called yelled at him then fired him.
Final check wasn't made available to my husband until 3 days later. My husband was paid with a set base amount and commission. The check had half of my husbands base pay (paid the previous month) deducted from it, vacation pay had been prorated when the written agreement was an automatic two weeks every year and commissions did not include all of the sales it should had.
Also, his employer falsely claimed his 'termination' date 3 days before he even gave notice! They also completed the COBRA forms with the false termination date and sent them to my husband. When he requested blank COBRA forms, they refused.
My husband has records of everything. What should he do and what can he expect?
1 Answer from Attorneys
Re: Notice given, fired then funds withheld
he should file a complaint for under payment of wages with the state labor commissioner.