what can I do?

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what can I do?

I have been currently employed for one month and I feel I have been taken advantage from the company. For one thing, I was not paid for 3 days of work. Their answer was that pay period has ended and therefore the system is locked, so I will get my check on next pay period. Also, I was told that I will be full-time and get benefits. I have been working full-time and I’m not getting benefits. Finally, for some reason I’m not allowed direct deposit until a certain time. I have to travel 1 hour to get my check and 2 hours back home. In total I leave home at 1:00 pm and get home at 6:00 pm. I have to take my kids with me.

Asked on November 17, 2017 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Being taken advantage of by your employer is legal in our country, under the dominant rule of "employment at will." Nothing you write indicates a viable legal claim or cause of action:
1) If you are being paid on the next period, you can't do anything about  it; by the time you could take legal action, you would long since have received the money, making the action moot and leading to its dismissal.
2) Employers may change compenation at will unless you have a written contract for a set period of time (e.g. a one-year contract) locking it in, so your employer could decide your position does not get benefits, even if you were previously told it did.
3) There is no requirement to provide direct deposit; or if the do, the could have it only "kick in" later.


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