UNPAID WAGES & OVERTIME
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Unpaid Wages or Overtime: Were you paid all wages due to you at the time you were terminated? If you quit your job, did you receive all of your final pay within 72 hours? Note that, ordinarily, you are also entitled to compensation for any accrued but unused vacation pay. Did your boss force you to work off the clock or make you falsify time records to avoid overtime payments? Just like meal and rest periods, you may be eligible for overtime compensation even if you are a salaried employee, or misclassified as an independent contractor.
As an employee, you are entitled to all of your earned compensation. This includes not only your hourly or salary wages but also overtime, commission, bonuses, off-the-clock work, and vacation time that is unused upon termination of employment. Employers must pay you at least twice during a calendar month, on days designated as regular paydays. If you think that your employer erred in the calculation of your wages or that you are being denied all of your wages, you have a right to see your payroll records after making a reasonable request to your employer. If your employer fails to provide you access to your records, he or she can be fined and subject to a civil action
An employee who is discharged must be paid all of his or her wages immediately at the time of termination. This includes accrued vacation days not taken during employment. Many people are not aware that direct deposits of wages terminate immediately when an employee quits or is fired. Thus, another manner of receiving your last check must be determined based on whether you quit or were fired and on how much notice was given. An employer who willfully fails to pay any of the wages owed to a terminated employee within a designated time frame can be assessed penalties.
In addition to your wages, interest and penalties, in California an employer has to pay the employee's attorneys fees in most cases, if the employer is found to be liable.
If you beleive you were treated unfairly with regards to payment of wages and/or overtime compensation, contact our experienced attorneys to get your free consultation today.
In addition to representing employees in Santa Ana, CA, our attorneys represent clients all over California including the following counties: Ventura, San Diego, Riverside, San Bernardino, Orange County, and Los Angeles, CA. To schedule a free, no obligation consultation with one of our experienced attorneys, contact us 24 hours a day.