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  1. #1
    Join Date
    Apr 2012
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    11

    Default 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?

  2. #2
    Join Date
    Sep 2005
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    Default 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?

  3. #3
    Join Date
    Apr 2012
    Posts
    11

    Default 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.

  4. #4
    Join Date
    Sep 2011
    Posts
    437

    Default 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.

  5. #5
    Join Date
    Sep 2005
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    Default 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....

  6. #6
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Terminated After Complaining About Bounced Payroll Checks

    It doesn't sound like your boss is the brightest guy in town.... Agreed.

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