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  1. #1
    grishid is offline Member
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    My Employer Won't Pay Me

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

    Hi, I have worked for a company and my employer won't pay me. I have filed labor standard enforcement commision for the issue. I have all my hours saved, txts that I have talked to my employer and emails and previous check stabs and everything.

    I wanna know if we are asked for interview or hearing do i have to proof that I have worked for him? I mean we didn't have clock in clock out machine. Not all employees have them. How does that work? He owes me about $1000 and he never paid and I no longer work for him. He always delayed paychecks and never paid me on time.
  2. #2
    cbg
    cbg is offline Senior Member
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    You don't have to prove what time you worked. He has to prove you didn't work the time you say you did.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  3. #3
    Proserpina is offline Senior Member
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    Quote Originally Posted by cbg View Post
    You don't have to prove what time you worked. He has to prove you didn't work the time you say you did.


    Post hx
  4. #4
    grishid is offline Member
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    Oh really? cuz lot of people ask me how you gonna proof you worked and to me i thought as long as i have my hours and stuff. Cool thanks. That's what i thought too but too many people asking me u can't proof this that. so i thought i should ask.

    Also, since he didn't pay me if its passed 30 days i mean im sure it did but i'll wait a little more too. Can i get penalties for the labor code law? like whatever the hourly is times 30.

    Do you think the labor hearing judge or officer would have him pay that too?
    Oh and later if im not satisfied for the outcome , which i did'nt get penalties let's say, can i take him to small claims court?
  5. #5
    cbg
    cbg is offline Senior Member
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    You might or you might not get waiting time penalties. That will be the decision of the state, which says that they MAY award them, not that they WILL award them. Waiting to file your claim specifically to boost up potential penalties will not go well with you.

    You can't double dip. If the state does not award you penalties, you aren't going to get them by going to small claims.

    Oh, and I'd have those records with me. Just because the burden of proof is on the employer doesn't mean you can walk in empty handed with a smug look on your face and say, Prove it. If the state thinks neither one of you can prove your claim, there's no guarantee that they'll rule in your favor, particularly in the matter of penalties since that is of such concern to you.
    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.

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