Legal Question in Employment Law in California

I reported for work on August 27th and was sent home because there was an investigation being done about something I had disclosed. a week later I was called in and was fired. My final paycheck only covered up to the 26th and didn't include 4 hours of reporting time pay for the 27th. I filed a claim with the labor commissioner and my emplyer's response is that they don't have to pay me because I was sent home for disciplinary action. On the CA's labor website it states: Additionally, employers are not obligated pay reporting time pay under the following circumstances:

1.If the employee is not fit to work.

2.If the employee has not reported to work on time and is fired or sent home as a disciplinary action.

My interpretation is that the disciplinary action must be about not reporting to work on time. Can you please clarify this law for me? Thanks!!


Asked on 1/25/10, 11:25 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello.

If in fact you were terminated on the day you reported to work, then the employer doesn't owe you the reporting time pay, as "reporting time pay" is paid when you report to work and are sent home due to no fault of your own or the circumstances beyond your control.

Thanks,

Arkady Itkin

Sacramento Employment Lawyer

http://www.arkadylaw.com

Read more
Answered on 1/30/10, 11:19 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California