Can I claim workplace discrimination if I was being paid under the table? 2 Answers as of June 08, 2011Recently I lost my job working on a farm. This job was paid in cash every two weeks under the table. I understand this is not legal, however I've been unable to find work for over a year now and was denied unemployment. I was eventually fired after four weeks of work. When asked why I was told I am too old for this kind of work. I am 28 years old and in good shape. I was on time and worked hard every day that I worked. When asked when I would receive my final pay(which should of been the Tuesday after I was fired June 7th) I was told to email him my hours and he would mail me a check. I found this odd since he had been paying me in cash prior. After I mailed him my hours he finally replied telling me that he would not be sending my check until the end of the month and I would receive it no later than July 5th. Do I have any legal action that I could possibly take against this individual? He does not report wages and earnings and I also feel that I was discriminated against because of my age.
Law Offices of Steven A. Fink | Steven Alan Fink
You were not being discriminated against. You are being cheated. Wages are due immediately upon termination. There is a penalty of one day's wages for each day unpaid up to 30 days. They are also required to show deductions on paycheck. File a complaint with the CA Department of Labor. http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
Answer Applies to: California