Wages are the payments and the emoluments that you get for doing certain work or jobs. The employers should pay the wages on time to their employees and the employees can do so if they fail to do so. If you’ve been wrongfully terminated from your job, it is the liability of the employer to clear all the payments, including bonuses, sales commissions, and time-off benefits. As per the California Labor Code, if an employee leaves a job willingly, the employer has to pay all the wages within 72 hours. Your employer is breaching the labor laws if he/she is not paying you. The employees who have been victimized can leave the job without notice.
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However, if the employee has left the job voluntarily, he can give a 2 weeks’ notice to the employer for maintaining business ethics and to be in good terms with the employer. You can use a 2 weeks notice copy and paste from the internet if you aren’t sure of the format. But there’s no compulsion to do so as California works on an ‘at-will’ basis. Failure to pay wages to the employees might give grounds to the employee to seek other claims, for example, claims for unemployment benefits. You have the right to seek unemployment benefits because you’ll probably be terminated from your workplace if you take action against your employer for not paying you the wages. How to appeal Unemployment benefits claim is probably the most common question that employees have.
Wage violations in California:
In California, the employers can violate wage laws in different ways which include the following:
- Failure to pay the employee on every worked hour
- Unpaid overtime
- Failure to pay for vacations (unpaid vacation pay)
- Waiting time violations
- Illegal deduction of wage
- Unreimbursed business costs
- Paying less than the minimum wage amount
To challenge the illegal conduct of the employer, you will need an employment lawyer who’ll not only provide you options for challenging but will also help you to make an informed decision. You can find the best employment lawyers in Nakese law Firm as they are experienced in unpaid wages, sexual harassment, gender discrimination, and racial discrimination. They’ll figure out if the claims are worth pursuing. Here’s how an employment lawyer can help you with unpaid wages.
- Guide you on different options– The employee has the right to sue his employer for not paying the wages on time. The attorney can provide other alternative options for your claims. For example, you can personally contact the employer and settle the matter or you can file a claim to the labor department of California against the employer. The attorneys can guide you on the best option so that you can make an informed choice.
- Analyze the cost for you– After briefing out the options, the lawyers will make a cost-benefit analysis of each of the options. They’ll discuss which option will work for you the best, attorney’s fee and expenses that’ll be needed for claiming the damages.
Though lawyers can provide the best guidance, the main concern is the cost of the lawyer. The good news is that these attorneys charge you on a contingent basis. In other words, it means you’ll pay only if you win. However, not all attorneys charge you on a contingency basis. So check out all the fee options to know if hiring a lawyer would be a good option.