Legal Question in Employment Law in California

my name is robert I was a aaa tow truck driver in hermosa beach cal for 5 years but in the towing industry for 25 year.On sept 2009 i gut 2 speeding tickets and my boss was taking money out of my check every 2 weeks all the way until jan 2010 to pay my tickets.well me and another employing got in to a despute,and he let me go and didnt pay the tickets and keep my last paycheck and now i cant get a job and no money and no driver l suspended not paying the tickets. the way he pays is half check half cash but he takes the taxes out,then he makes u pay the taxes again to cash the check i fell the A&M towing is robbing there employes.


Asked on 8/04/10, 12:35 am

3 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

You might contact the CA Department of Labor immediately if you have not received your full paycheck. There might be penalties to which you might be entitled as well. Also, unless you agreed in writing, your boss should not have been taking money out of your paycheck to pay the tickets.

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Answered on 8/09/10, 12:57 am
Terry A. Nelson Nelson & Lawless

You were supposed to be paid in full 'above the table', not in cash, so the company may have to pay you back wages. The company is not entitled to deduct money for tickets, or other things, without your written consent. Go promptly to the local Labor Commissioner office and file a claim for unpaid compensation, interest and penalties on all these issues. If the company refuses to pay or contests the claim, you can hire an attorney to help and represent you in the hearings. If you win you are entitled to recover your attorney fees from the employer. Your problem with the DMV is not something they can help you with. You have to go to court and resolve that. I suggest you hire a criminal defense attorney to help you in court.

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Answered on 8/09/10, 11:58 am

The other attorneys are right, there are significant wage and hour irregularities going on here. Contact the Dept. of Labor, Div. of Labor Standards Enforcement. http://www.dir.ca.gov/dlse/dlse.html

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Answered on 8/09/10, 3:29 pm


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