Termination: Unclear Termination Terms and Suspicion of Discriminatoon

dimanche 22 février 2015

My question involves labor and employment law for the state of: California





I had gotten in an auto accident in January of 2014 close to my work place and my employer knew that I would be unable to work until I recovered from my injuries. I returned back to work in May/June of 2014.



My employer was fully aware of my injuries but insisted that I could not take longer or additional breaks when I was in pain. He would yell at me while there were customers present if I was "slow".



My employer told me I did not have to come to work anymore back in September 2014. He refused to clarify whether I was being laid off or fired.



Prior to him telling me this, 3 of my paychecks had bounced consecutively.



When I brought this to the attention of my employer, he simply dismissed it and said he would pay me in cash. However, on multiple occasions, he did not show up on the days in which we agreed upon so that I may receive my pay.



There were several times when my employer would text me on my scheduled work days, last minute, not to come to work and would not provide me an explanation as to why I was told to not work. This was so when I did arrive at work and he simply ordered me to go home.



**After I was terminated, there were 2 new employees, whom I was responsible to train, working the next day. The only reason I know this was because I had to go into his office after school to receive my final paycheck.



Finally, my former employer has failed to send me my W2 and I have been unable to contact him.



**My question is, can I file a complaint and for benefits due to the reasons stated?



I worked as a waitress so I wouldn't know how to properly put down my monthly income Bc of my cash tips. This makes me uneasy Bc Will be filin my taxes for the first time and I know it is required if any taxes were deducted from my pay.



I haven't been able to find work since then and I feel like he "let me go" Bc I kept telling him that it upset me that my paychecks had bounced 3x consecutively.





Termination: Unclear Termination Terms and Suspicion of Discriminatoon

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