Legal Question in Employment Law in California

Is it wrongful termination?

A restaurant advertised that they would pay for 10/hr (I had saved the copy), then in the job interview $10/hr was verbally agreed on both side. Then I had work in a restaurant for about a week (6 days, for 10 hours/day approximately = +- 60 hours)

Then what happened on the 7th day I called in sick(I had the doctor/medical notice). The next day they fired me because I couldn't work on the previous day. And the DID NOT give the whole amount of paycheck immediately until several days later. When I received the check I was surprised that they said my hours were only 36 hours and I got paid for $6.75/hr! I had proof that I have worked for 60 hrs, but they denied it. I asked why only 6.75/hr? they said because of Training Period which they never mentioned at all prior to employment. I simply ask to get what they we me. Instead I got verbally cursed by the manager with some racist statement and they refused to give me anything.

What should I do in my situation? Is there anything that I can do legally?


Asked on 9/23/05, 8:16 pm

1 Answer from Attorneys
Patrick Turner Patrick E. Turner Inc. APLC

Re: Is it wrongful termination?

Based on your question, it would appear that you have unpaid wages as well as possible penalties associated with the employer's failure to pay you on the date of termination. (You do not qualify for FMLA or CFRA, so it is probably legal for the employer to terminate you for missing a day, despite the doctor's note.) In arts to collect your wages, and possible penalty, you should file a complaint with California's Division of Labor Standards Enforcement (a.k.a. Labor Commissioner). He can find this agency and the government white pages or access their web site via www.dir.ca.gov/dlse/dlse.html

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Answered on 9/26/05, 5:00 pm


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