My option on Wrongful Terination, Lost wages and Unpaid wages

[henzk]

What is the name of your state (only U.S. law)?
California

Hi everyone.

I have a dilemma.


Brief explanation.

I did an oral request to my store manager (Anonymus) for 2 week leave in Jan.but made oral request in dec previous year which she agreed on. It's no a maternal leave, or sick leave, or vacation leave. I asked for this leave to visit my dad I never met before.

The issue isn't much of the reason but how, though a contract is a contract I guess.

I was fired some time during my absence, which store manager previous agreed upon, but I did not find out until I went to collect my paycheck for the previous pay cycle before I left for visit. I was notified I was fired in that visit. I asked for my check and they never gave me my check. I asked them for my records regarding the payroll, and she said no. No check, no way to prove I clocked in.

Anyways, 2 yrs later I received a letter from some California depart for lost wages saying that this employer has been trying to contact me to give me my final wages. In my honest opinion, the final wages is wrong.

I'm in California.
First question.

If I tell the employer to send the check would that be considered a settlement so I cannot bring about litigation against them. (I've been given 30 days to contact a person or the money will go to some special fund)

Second question.
Should I do a civil lawsuit through the Court or do a Wage complaint through DSLE?

The reason I asked is beacuse I dunno if I have that option. Also, I know they can get penalized for not giving me my final paycheck within 24 hrs with 30 day pay of average wage maximum. However, I don't know if I can ask for interest as well from DSLE. I assume I can through Civil litigation from a Courthouse instead from the Labor Commissioner.

Evidence I collected.

I have the monthly bill for my cellphone for Jan 2010 and shows no calls from employer regarding my termination.
I have the monthly bill for my home phone for Jan 2010 and shows no calls from employer regarding my termination.

Third question:
Would the above evidence shows a constant behavior of Bad Faith so they cannot use the Lost Wages board as an excuse for Good faith, so that the employer can avoid the 30-day pay penalty?

I got interested in this matter because my uncle informed me of Wage laws like Employer of General Employment MUST in the State of California MUST give my final paycheck within 24 hrs of termination date. I also was informed that other things but I want to hear some opinions on how should I go about with this case.

And get some answers from my 3 questions, or whatever amount of questions you folks find.

Thanks

Also, I did not reveal any personal information regarding me and my previous employer for a reason, so please do not asked such questions. Only what pertains to the facts. Thanks =p

 

[eerelations]

Unless you have evidence that your former employer fired you for a reason specifically prohibited by law, such as whistleblowing, or your race, gender, religion and/or disability, then you do not have a case for wrongful termination as it's defined by law. And before you ask, it is perfectly legal for employers to fire employees while said employees are away on authorized leaves of absence.

Accepting a payment for lost wages from the department of labor would not in any way be construed as a settlement. However, this isn't what will prevent you from litigating; the fact that you don't have a case for wrongful termination (based on the information you've provided so far) is what will prevent you from litigating.

If you believe your former employer owes you pay for time you've worked, file a wage claim with the department of labor.

 

[commentator]

You had no right to a protected leave from your job just because you asked for the time off. If it wasn't FMLA leave which it obviously wasn't, they could fire you for being off. If it was not due to illness with a doctor's excuse, there's likely no recourse for unemployment insurance, either. You were terminated for taking time off from work for a personal reason.

If your manager specifically told you, sure, it's fine, go on and take off, your job will be here for you when you come back, and then you were fired while you were off, then you might have a slight chance to get unemployment benefits because you did not realize that taking this time would result in your termination. But it's still not a "wrongful termination."

As has been stated, you have no case anywhere except that if you have not been paid for hours worked, you can contact wage and hour and they can get you paid, but even then you cannot take the employer to court and make a big issue of the fact that they did not pay you that first week of your absence. They are not required to give you copies of your payroll records.

 

[pattytx]

Actually, certain payroll records ARE required to be made available to employees in California; not sure about ex-employees.

OP, what "payroll records" exactly are you looking for?