Employer has not taken my I9 info after 2 weeks working 5 days per no hrs

I got a new job 3 weeks ago at a restaurant, yet my employer has not taken down my I-9 info. They only give out paychecks on 8th and 26th of month. I didn’t get one on 03/26 because I was not there long enough. On 04/01, I was sent home without a schedule for the next week. Every day, I ask and am told that they don’t know yet. If I’m fired, don’t they have to let me know and pay me ASAP? Also, they were having me wait tables without food handler’s card.

Asked on April 3, 2018 under Employment Labor Law, California


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Whether or not you have been fired, does not affect the fact that you are owed pay for the hours that you worked. Accordingly, you can sue this company in small claims court and/or file a wage compalint with the CA Department of Industrial Relations.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Being fired vs. not being scheduled for a little while, but where you *might* be scheduled in the future, is a grey area: there is no bright-line definition of what constitutes firing when the employer does not tell you that you are fired but simply doesn't put you on the schedule. Clearly, at some point, if you don't get work for months, say, you've been fired, but there is no exact definition of that point. At the time that you feel that the evidence shows that you are not going to get more work and hence were effectively fired, sue them in small claims court (as your own attorney or "pros se"  to save on legal fees) for any unpaid wages and also apply for unemployment (if you are otherwise eligible); let them prove that they paid you and also that you were not terminated.

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