If I got fired yesterday, should have my employer paid me at that time?
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If I got fired yesterday, should have my employer paid me at that time?
Also, on the payroll he had removed hours out of my time worked. Their is no proof because we use Homebase for clock-in and clock-out and he has absolute control of fixing the times for his
convenience.
Asked on May 3, 2019 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Under California law, they had to pay you on the spot if they fired you. (If you had voluntarily quit or resigned, they'd have had 72 hours to pay.)
As for the hours: while you may not have documentary proof, you still have your testimony that they have shorted you hours in the system that they control. It's not impossible that the labor department or a court might believe you, if you are more credible than him and/or have other person's testimony (like the dishwasher you were helping) to back you up.
You may wish to contact the state department of labor to file a complaint for not receiving the final paycheck on time--each day it is delayed, you are entitled to another day's pay as a penalty (up to a maximum of 30 days' pay). At the time, file a claim for the unpaid hours--they may be harder to prove, but you lose nothing by making the claim. Good luck.
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