Legal Question in Employment Law in California

If you are on probation and you ask your employer why they are not paying you for days that you should get paid for, even though they pay, can they disharge you because they feel that you are demanding your money?


Asked on 1/20/12, 7:38 am

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

California is an "at will" state so an employer can discharge you for no reason at all or any reason that is not against public policy [racial discrimination, exercising your legal rights such as demanding your pay], but a smart employer will just say you were fired for reasons other than demanding pay owed you, and how d you prove that that is false?

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Answered on 1/20/12, 9:22 am
Terry A. Nelson Nelson & Lawless

Retaliation against you for demanding wages that are overdue and not paid is illegal. If you are fired, and if you can prove what you claim and that is was retaliatory, you have grounds for legal action, even though you are 'at will' employee. You will need corroboration of all your allegations; your word vs theirs will not be sufficient. If so, feel free to contact me for the legal help you'll need.

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Answered on 1/20/12, 12:53 pm


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