Legal Question in Employment Law in California

unpaid hours

a few weeks ago an employee came in with some bread that had an illegal substance in it. not telling anyone this he gave it to several people including myself. after eating it i was very sick and left immediately without punching out. later i found out my co worker had left in an ambulance. my boss wrote me up and is refusing to pay me the rest of the day saying i didnt work them, she has also made a memo and stated that if you dont punch in or out she will not pay even if you worked that day. is this legal? can i still be paid?


Asked on 11/11/08, 8:37 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: unpaid hours

"Illegal substance"? If you were poisoned, accidentally or intentionally, you may have a claim of personal injury against the perp, or a workmens comp claim against the employer.

Fired or having pay deducted for failing to follow rules is a different question. If you left work, why would you think you're entitled to be paid for that time?

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Answered on 11/12/08, 3:35 pm
Terry A. Nelson Nelson & Lawless

Re: unpaid hours

"Illegal substance"? If you were poisoned, accidentally or intentionally, you may have a claim of personal injury against the perp, or a workmens comp claim against the employer.

Fired or having pay deducted for failing to follow rules is a different question. If you left work, why would you think you're entitled to be paid for that time? Maybe a claim of 'sick leave' to cover the time is appropriate.

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Answered on 11/12/08, 3:36 pm


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