Bakersfield Wage Theft Lawyer

Most people are grateful for their jobs and willing to put in a fair day’s work for their wages. Some employers, though, exploit their workers by failing to pay them what they have earned or withholding benefits required by law.

Contact our Bakersfield wage theft lawyer if you believe your employer is denying you money or benefits. Our employment attorneys advocate for workers and could help you recover everything you are owed.

Understanding How Employers Steal Wages

Many workers experience wage theft without realizing it. They may not be familiar with all the protections the law provides. When an employer denies their workers the legal protections they have earned, the employer is guilty of wage theft.

There are many ways employers commit wage theft, including:

Taking employees’ tips
Paying less than the minimum wage
Failing to pay overtime
Demanding unpaid work
Denying workers paid sick leave
Not offering breaks
Withholding a portion of a worker’s wages
Failing to pay wages on time
Denying employees reimbursement for legitimate business expenses

If you believe you have not received everything you are entitled to, you should contact our Bakersfield attorneys immediately regarding stolen wages.

Employers who intentionally divert more than $950 from one employee or more than $2,350 from multiple workers may face prosecution. However, a worker does not have to wait for criminal charges before they take action. As an hourly worker, exempt employee, or independent contractor, you can take steps to recover the money you earned.

File a Complaint With the Labor Commission

The California Labor Commission investigates complaints of wage fraud and wage theft. Workers can make claims in person, in writing, or online. If the Labor Commission finds the complaint valid, you are entitled to double the wages owed plus interest.

You will need documentation showing that you have not been paid appropriately. Depending on the circumstances, appropriate documentation could include pay stubs, work schedules and timesheets, records of sales and commissions, or a notice from your bank that a paycheck bounced. Emails and text messages from an employer can also help support a wage theft claim.

Unfortunately, the time frame for filing a complaint depends on the type of violation. It is best to file as soon as possible. If you are unsure whether it is too late to file a wage complaint, speak with one of our Bakersfield lawyers about your options.

Workers are sometimes reluctant to file a complaint because they fear getting fired or other retaliation. California Labor Code § 98.6 protects employees from being terminated, harassed, demoted, or denied promotions because they made a wage and hours report. A worker who is subjected to this kind of treatment can sue their employer for discrimination.

File a Wage and Hours Lawsuit

When a worker is owed a substantial sum or the employer has intentionally or systematically stolen wages from numerous employees, filing a lawsuit may be the best option. Because lawsuits can be stressful and time-consuming, you should explore all legal options with our Bakersfield wage theft attorney before deciding to pursue a case.

A successful lawsuit could award you double your back wages plus interest, one hour of pay for every break not received, attorneys’ fees, and court costs. In many cases, an employer that is liable for intentional wage theft will also face fines and other government actions.

Filing Deadlines for Wage Theft Claims

State laws have generous deadlines for a worker to file a wage theft claim with the Labor Commissioner’s Office, but different deadlines apply to different situations. If you miss an important deadline, your claim will likely be dismissed. You can be sure that your claim will not be dismissed when you contact a wage theft attorney in Bakersfield as soon as you believe that your employer has failed to pay you the salary you rightfully earned.

In particular:

If your paycheck does not clear when it is deposited into your bank account due to insufficient funds in your employer’s payroll account, you have one year to initiate your wage theft claim. This same one-year deadline applies if you have good cause to see your employer’s payroll records, but your employer refuses to provide you with access.
Many employment relationships are based on oral promises or representations that you will get a raise beyond minimum wage after a certain period of employment or when you complete training. If your employer reneges on that promise, you have two years to file your wage theft claim.
If your employer fails to reimburse you for costs and expenses you fronted on your employer’s behalf, you have three years to start your claim. You also have three years for violation of minimum wage laws, non-payment of earned overtime or paid time off, and improper or illegal withholdings from your wages.
A four-year deadline applies to breaches of written employment agreements that include salary and pay provisions.

Your employer may inadvertently or even purposely dissuade you from filing a wage theft claim, for example, with extended promises that you will receive unpaid wages after a big contract is signed or a major customer pays outstanding invoices. A trust-based relationship with your employer can be a foundation of a good working environment, but it is never an excuse for withholding pay. Our experienced lawyer will generally recommend filing your claim as a precaution to avoid missing deadlines and to protect your rights to receive the amounts you deserve.

The Duration of a Wage Theft Claim

An audit of the State Labor Commissioner’s office revealed a significant backlog of pending wage theft cases. In view of that backlog, two or three years might elapse before a new wage claim case is resolved, although some cases will be handled and closed in as little as six months.

Bakersfield employees who retain our experienced wage theft lawyers have a better chance of getting their claims processed with a minimum of delays, many of which may be caused by employers who have little incentive to settle. Employers have been known to:

Repeatedly request continuances and extensions of time to respond to claims
Fail to appear at scheduled hearings
File appeals to Labor Commissioner orders, even when they have weak grounds for an appeal.

In extreme situations, an employer might file for bankruptcy, which will cause an automatic stay of all wage theft claims and lawsuits. An employer’s bankruptcy will substantially complicate a wage theft claim, requiring the wronged employee to submit proofs of claims to bankruptcy courts and to argue for priority ahead of other creditors. Employees who have any fears that their employers are close to bankruptcy should not hesitate to contact our attorney to lock in their rights as soon as they can.

Contact Our Bakersfield Attorneys If Your Employer Is Stealing Wages

You are in a difficult position when you need your job but your employer takes advantage of you. You also deserve to receive what you are owed, and the law is there to protect you.

Our Bakersfield wage theft lawyer could handle your case efficiently, effectively, and with compassion. You will not pay anything upfront, so get in touch with us today to discuss your situation with a caring attorney.