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HELP!! Discharge Violations? ICRAA Violations? Help!!!

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Angelz61

Junior Member
What is the name of your state?What is the name of your state? California

My 19 year old son was hired as a Courtesy Clerk at a (Union) grocery store. He has a felony conviction (distributing to a minor). He was honest on his job application, and the matter was discussed at great length, with full disclosure, during his interview before the decision to hire him was made. The incident that resulted in his conviction was a high-profile case, which received substantial local media attention. According to his managers, they have been very pleased with his work performance to date.

The HR at the corporate office has since received a background check (from an outside agency). The report HR received was inaccurate. The report included information on two charges. The felony distribution charge was incorrectly reported as dismissed, and other felony charge was incorrectly reported as convicted. He immediately notified the agency that provided the report to alert them of their negligent and inaccurate report. They followed up with an updated report that accurately showed the disposition of BOTH charges.

He received a letter from the HR department on May 24 (dated May 20) in the mail advising him that he has been suspended without pay. The letter included the copy of the inaccurate background report.

When he reported to work on May 20, he completed his shift then checked the posted schedule for the following week. The schedule showed him off the schedule with the reason being ‘requested off by employee’. My son did not request that week off. He asked the manager on duty at the time and he said that it must have been a clerical error, not to worry as he would get it straightened out and get back to him.

He has since gone into the store and called on several occasions to find out the status of his employment. Management keeps saying that they don’t know what’s going on. His paycheck was not available for pickup on the scheduled pay day as was advised. He was told early last week by a manager at the store that his check had been mailed. He has still not received his paycheck.

He contacted his Union representative for assistance and was told that the records indicated that he had been terminated as of May 20. He has never received any notification from his employer of termination. Calls to the HR department have not been returned. The only letter he received was advising him that he was placed on suspension.

Help!!
When employer discharges an employee, are all the wages earned and unpaid at the time of discharge due and payable immediately? (Labor Code 201(a).)

Every employee who is discharged shall be paid at the place of discharge, and every employee who quits shall be paid at the office or agency of the employer in the county where the employee has been performing labor. (Calif. Labor Code 208). What should he do?

Can an employer fire an employee without giving the employee any formal notification? Or delay notification?

Regarding possible ICRAA violations:
Is it unlawful in California to seek and report in background reports information concerning any arrest or detention that did not result in a conviction? Calif. Labor Code § 432.7

Is this true?
California employers can lawfully seek information about criminal convictions and can deny employment only if the denial is based upon a legitimate business purpose. As noted with regard to federal law, employers can not automatically bar employment to applicants with a criminal record; such a policy violates California law if the reason for the denial is not job-related and the policy has a disparate impact a protected class.

Do they have a legitimate reason for a discharge of duties at a Courtesy Clerk (box boy) at a grocery store due to a distributing to a minor conviction? We understand at-will employment, but full disclosure was made prior to hiring, so the info on the background check was in no way a suprise to anyone. His local managers say he's great and told him that they are anxious for him to come back to work. Help!! What should he do now!

Thank you in advance for any guidance, experience, suggestions!
 


pattytx

Senior Member
I can only advise about his paycheck, but even if he had not been terminated, his check still had to have been available on the regularly scheduled payday. He should contact the CA Division of Labor Standards Enforcement and file a claim for unpaid wages.
 

Angelz61

Junior Member
Thank you for your response! We plan on filing a complaint tomorrow. Still no paycheck! No one will return phone calls. The unprofessional conduct of such a large grocery chain is unbelievable! Thanks!
 

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