Legal Question in Employment Law in California
Hello, in Oct 2010, I quit my job after 10 years of working for a dentist, because my boss treated me unfairly, yelled at me and humiliated me in front of patients and talked about my personal life with them. As a result of dealing with this treatment for many years, I developed anxiety and high blood pressure. Most days, I had to take Xanax to deal with his behavior. Furthermore, I've never received any paystubs and he only paid once a month on inconsistent days. He always paid me the same amount every month. In the summer, I took a long vacation plus he cut my hours so I ended up oweing him money. Now, he wants the extra money back ($2K-$3K). I worked 2 weeks in Aug and in Oct which he didn't pay me for, and he deducted from my "negative hours". I never got payed for these 4 weeks. Can he legally ask me to return the money that he overpaid me? Do I have to pay it back? Can he file a claim/lawsuit against me to get the money back?
2 Answers from Attorneys
Anybody CAN do anything they like. Just look at freeway speeding. It is highly unlikely the employer has a valid claim, or that they would sue you to get it even if they did. However, if you validly contend you have unpaid compensation owed, then you can file a claim with the Labor Commissioner for the amounts due, plus interest, penalties and attorney fees.
If you are suffering from a work-related anxiety and high blood pressure then you may have a valid worker's compensation stress claim against your employer. Feel free to call us at 213.388.7070 for a free consultation.
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