Terminated After Complaining About Bounced Payroll Checks
My question involves labor and employment law for the state of: California
My employer was notified on Friday, about a complaint I made In May regarding Bounced payroll checks. I was called in today, told not to come back, I would continue to be paid for awhile, in his words " If I don't keep paying you it's an issue".......my question is how long? Does he have to pay me up to the hearing? How long is long enough to avoid wrongful termination penalties?
Re: Terminated After Complaining About Bounced Payroll Checks
If your employer is voluntarily giving you some sort of severance pay, then that's what your employer is doing.
You have not shared enough information for us to comment on what your employer might mean by "If I don't keep paying you it's an issue".
What hearing are you talking about? Should we infer that youmade wage complaint with the state, and that you have an upcoming hearing on your wage complaint? If you have made a wage complaint, did your employer actually say, "I'm firing you for making a wage complaint"? If not, what reason(s) did your employer give for firing you?
Re: Terminated After Complaining About Bounced Payroll Checks
Sorry for the lack of specifics, it is a wage claim with the state. There is a conference in 2 weeks. He called me in to tell me they are now eliminating my job, they no longer need me. Evidently he knows terminating me will result in a wrongful termination claim, so he said he would continue to pay me, but I was not to come in again. I don't think this arrangement can last very long, but I'm not sure what to make of it.
Re: Terminated After Complaining About Bounced Payroll Checks
Unless the boss can demonstrate a specific business need that required him to eliminate your job (e.g. reduction in business levels that affected YOUR job) that is completely unrelated to your wage claim, then it's a retaliatory termination even if he continues to pay you for a while. The timing of this decision is so completely suspicious that I suggest you contact the State's wage and hour division and amend your claim to include retaliatory termination.
Re: Terminated After Complaining About Bounced Payroll Checks
And I suggest consulting a local plaintiff-side employment lawyer.
It doesn't sound like your boss is the brightest guy in town....
Re: Terminated After Complaining About Bounced Payroll Checks
It doesn't sound like your boss is the brightest guy in town.... Agreed. :wallbang:
Re: Terminated After Complaining About Bounced Payroll Checks
Thank you guys....very much appreciate the insight. I also agree......not the sharpest tool in the shed.
Re: Terminated After Complaining About Bounced Payroll Checks
I suspect your boss just went from being in a little trouble with the Department of Labor over the bounced checks to being in BIG trouble with the DOL. :sour: