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Should I sue?
    #16964048 -

I'm a 21 year old college student, and as of recently, I've been fucked over in the span of one month ever at my first (shitty retail) job.

I started working there September 4, 2012, and I was not given a paycheck: It is now October 4.

I called my manager 2 days ago in regards of my paycheck, and he told me to come in Thursday (Today) after 12. NO ONE HAS MENTIONED ANYTHING ABOUT MY PAYCHECK, nor was I given any info in regards to the payment process. I was never even given an employee handbook: I had to look it up online, only to find that payments are indeed bi-weekly.

A couple of things I should mention...

Upon hiring, I was asked my race/ethnicity, age, and marital status, and two days after, the manager, Jerry, called me saying "Ask for Rosa, and you'll be trained by Sam, she's Filipino, too!"

When I came in to get trained, Jerry was not present. I asked for Rosa, and upon meeting her she said shit like, " Oh! I didn't know about you... I was never told about this. He didn't tell me anything about you. Let me call him. "- This right here shows lack of organization and communication.

After training, Rosa told me to call back in two days (on a Wednesday) for a schedule, which I did. I called back on the said day, and was told by Rosa to call back AGAIN on Saturday, which I did... Only to be told to just meet Jerry on Monday.

So I made plans since I assumed that I will be working when the schedule will be given to me on a Saturday.. I received a phonecall from a co-worker asking "if I wanted the day off", I told her I was confused and wasn't given a schedule: This probably lead the impression that I work when I want to, which is not true. She told me to just see Jerry on Monday.

Monday comes, and I see Jerry. He threatened to fire me if I "missed one more day of work". I didn't get to tell my side of the story, which is ultimately about how unorganized/I was confused about the scheduling process despite being told to call back 3 times in regards to one.


2 Saturdays ago, I went to work.  As I was about to clock in, I was told by one of the managers, Alan, to go home and that Jerry will call me. I asked why, and he said because I didn't come in on Friday. I admit-tingly on the spot that I made a mistake in writing my schedule, then. 2 Days have passed and I have not heard a phone call and assumed I was terminated.

So as I said earlier, I called Jerry a couple of days ago in regards to the incident. He asked me why I didn't come to work on Saturday-- I explained to him that I DID show up, and as I was about to clock in, I was sent home by Alan. Jerry told me he was unaware of that... He just told me to come in today and that he'll go over "how to write my schedule down correctly", which probably means I'm not fired.

Today, I'm putting my two weeks notice if I'm not terminated. The lack of communication and organization infuriates me, and I feel fucked over. This is my first job, and I can't believe the complications I'm experiencing over this shitty fucking retail place.

Would I have enough reasons to sue them with small court claims?  They have practiced illegal shit (withholding paycheck for no reason), asked race/age/marital status, and they are completely fucking out of whack. How can I prove that, too? Of course, I want/need the money, but I'm too afraid to take action. It's not cool fucking someone over, and I would hate for this to happen to anyone else who happens to get hired at that place.

Edited by Anonymous (10/04/12 08:29 AM)

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Re: Should I sue? [Re: Anonymous #1]
    #16964128 -

Hire a attorney, this is not a small claims case, from what you describe you have big damages, and your attorney will take care of it for you, what your employer did is illegal.

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Re: Should I sue? [Re: Anonymous #2]
    #16964176 -

Anonymous #2 said:
Hire a attorney, this is not a small claims case, from what you describe you have big damages, and your attorney will take care of it for you, what your employer did is illegal.


I don't have much money and again, I'm really afraid. What if I lose and have to pay for the charges? I don't know how I can prove that I was asked my race, age, and marital status.  I didn't keep a personal note/track of days I worked, but I should be able to obtain a copy of my hours that I worked if I asked, correct?

I don't know how to handle this situation and I really do feel like I've been taken advantage of. The amount of stress I faced with this shit ass retail is beyond me, even my parents are in disbelief that I'm experiencing this when I barely worked there for 2 months. I also feel like they were trying to get away with not giving me my paycheck if Alan (the guy who sent me home) intended on Jerry firing me.

What if they argue that I didn't ask in regards to my paycheck while I was working there, or what if they make up some bullshit excuse like "We were going to give you your paycheck on Friday, but you did not show up"?

I don't know if karma will kick me in the ass, or if I should just collect my paycheck, hand in my two weeks notice, and leave it at that.

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Re: Should I sue? [Re: Anonymous #1]
    #16964179 -

double post, sorry.

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Re: Should I sue? [Re: Anonymous #1]
    #16964219 -

A lawyer will take the case on retainer, he gets a percentage of your settlement, so no cash up front.

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Re: Should I sue? [Re: Anonymous #2]
    #16964262 -

Anonymous #2 said:
A lawyer will take the case on retainer, he gets a percentage of your settlement, so no cash up front.


Okay, I'll look into that.

I'm concerned that I don't have evidence, but right now I'm making a log of what happened in a notebook. Would the court not care if I JUST wrote what happened now? I'm looking at my phone calls list, e-mails, IM's where I bitched about work.

Would the documents only matter if they were recorded then? I don't have much accuracy on the times. :feelsbadman:

Wouldn't it techncally just be all by hearsay? :/ I recall all the events and am writing it down...

Edited by Anonymous (10/04/12 10:11 AM)

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Re: Should I sue? [Re: Anonymous #1]
    #16964696 -

You can sue for the money that is rightfully yours, and nothing else.  Since it's probably not a lot of money, its definitely small claims.  Man up, call the manager, show up and ask for your money.  You can't expect people to magically know about your pay situation.

It's not illegal to ask about your race, ethnicity etc.  It's only illegal to discriminate based on it.

You don't really have a case for anything except the money.

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Re: Should I sue? [Re: Anonymous #3]
    #16964722 -

Anonymous #3 said:
You can sue for the money that is rightfully yours, and nothing else.  Since it's probably not a lot of money, its definitely small claims.  Man up, call the manager, show up and ask for your money.  You can't expect people to magically know about your pay situation.

It's not illegal to ask about your race, ethnicity etc.  It's only illegal to discriminate based on it.

You don't really have a case for anything except the money.


Yeah he doesn't have a case whatsoever. I wouldn't sue just based on personal beliefs, I think it's dumb. I was seriously injured at work and could have gotten a bunch of money thrown at me but I didn't and alot of people were mad at me about it, but that's not me.

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Re: Should I sue? [Re: Anonymous #3]
    #16964773 -

Anonymous #3 said:
You can sue for the money that is rightfully yours, and nothing else.  Since it's probably not a lot of money, its definitely small claims.  Man up, call the manager, show up and ask for your money.  You can't expect people to magically know about your pay situation.

It's not illegal to ask about your race, ethnicity etc.  It's only illegal to discriminate based on it.

You don't really have a case for anything except the money.


I guess I will just drop it then, I'm more frustrated that I was never told the pay schedule, and when I was going to get paid. The managers know that this is literally my first job (I know, I know...), and I just think that they were trying to take advantage of me.

I'll just turn in my two weeks notice (if I'm not fired) when I pick up my paycheck. According to the handbook that I never received, it says paychecks are bi-weekly. I have not received ANY. So when I go down there today, am I to expect 2, or can it be combined in 1?

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Re: Should I sue? [Re: Anonymous #1]
    #16965353 -

2, 1, doesn't matter. Write down the hours you've worked, if your paycheck doesn't reflect that, stop bitching to your dipshit managers and go talk to a higher up, human resources, payroll. If these clowns are all telling you different things its time to talk to someone who really knows whats up.
It seems like they're just disorganized, I wouldn't threaten to sue or feel like there's a conspiracy against you.
You also have to man up and not just blindly follow what people tell you, if one person contradicts the other, call the first person and double check! No one can get mad at you for making sure your job is being done correctly.
Oh and as for asking about race and marital status- totally normal, your tax form asks about marital status....

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Re: Should I sue? [Re: Anonymous #5]
    #16965485 -

Anonymous #5 said:
2, 1, doesn't matter. Write down the hours you've worked, if your paycheck doesn't reflect that, stop bitching to your dipshit managers and go talk to a higher up, human resources, payroll. If these clowns are all telling you different things its time to talk to someone who really knows whats up.
It seems like they're just disorganized, I wouldn't threaten to sue or feel like there's a conspiracy against you.
You also have to man up and not just blindly follow what people tell you, if one person contradicts the other, call the first person and double check! No one can get mad at you for making sure your job is being done correctly.
Oh and as for asking about race and marital status- totally normal, your tax form asks about marital status....


I came in today as Jerry said: Thursday after 12pm. I did and he was NOT there.

I spoke to a different manager, Rosa, and she told me that he wasn't going to be in today, what the fuck? I told her that I've been working there since September 4 and NOW it's october 4. I told her I was never told about the pay schedule, and that I have heard NOTHING about it until I brought it up to Jerry.

Rosa talked to a the other manager, John about this issue in spanish I'm assuming. He walked by me and said he'll check if there's "anything for me". I waited 3 minutes and he comes out saying "I don't see anything... Come back at 4."

I'm so fucking tired of this shit. JERRY TOLD ME TO COME IN AT 12 AND HE WAS NOT THERE! Why is this place so fucking unorganized.

If I don't receive my paycheck the next time I stop by, which is 4pm, should I take legal action? California state law says there is NO reason as to why an employer should be withholding a paycheck. I did not work much there, but I am owed around $200.

If I can take legal action, should I request to be disbursed for gas milage? What if I was in an emergency situation where I needed money? This is fucking ridiculous.

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Re: Should I sue? [Re: Anonymous #1]
    #16965619 -

First of all, calm down.
No more "seeing if there's something for you" or coming back later.
Get a straight answer, "where is my check" "I need my check now." If they don't know where it is they have to give you the number to who does. Talk to upper management. Don't take no for an answer.
This all should have been dealt with when you were first hired.
IF they can't give you a straight answer "Yes your check is here/ you can pick it up on friday/ It will be sent to you" Then yes, pursue legal action.

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Re: Should I sue? [Re: Anonymous #5]
    #16965667 -

Anonymous #5 said:
First of all, calm down.
No more "seeing if there's something for you" or coming back later.
Get a straight answer, "where is my check" "I need my check now." If they don't know where it is they have to give you the number to who does. Talk to upper management. Don't take no for an answer.
This all should have been dealt with when you were first hired.
IF they can't give you a straight answer "Yes your check is here/ you can pick it up on friday/ It will be sent to you" Then yes, pursue legal action.


I wasted my gas going there. Should I just call over the phone at 3:40 or something asking If I'm going to be receiving my paycheck, and that I don't want to waste my fucking gas mileage if it's not ready for me to pick up?

Is it okay if I demand my paycheck by a certain date? If they don't hand it in by then, should I tell them straight up I'm taking legal action?

I'm assuming I should talk to Department of labor for this, or should I pursue small court claims?

Edited by Anonymous (10/04/12 02:15 PM)

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Re: Should I sue? [Re: Anonymous #5]
    #16965692 -

There may be a delay on your first check because they have to get you into the system and start a paycheck going. You should get a check on a regular basis once they start coming.

Disorganization is normal so get used to it. Just try and figure out how to get your schedule so you don't miss a shift and the rest shouldn't be a big deal.

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Re: Should I sue? [Re: Anonymous #1]
    #16965701 -

Anonymous #1 said:
I'm assuming I should talk to Department of labor for this, or should I pursue small court claims?


It hasn't been that long. I am sure they plan on paying you. Just slow down and relax.

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Re: Should I sue? [Re: Anonymous #6]
    #16965702 -

Anonymous #6 said:
There may be a delay on your first check because they have to get you into the system and start a paycheck going. You should get a check on a regular basis once they start coming.

Disorganization is normal so get used to it. Just try and figure out how to get your schedule so you don't miss a shift and the rest shouldn't be a big deal.


Well the fact that my paycheck was not there, and the manager who said to meet him was not there sounds like he's withholding my paycheck. I would honestly hate for this to happen to any one else.

Anonymous #6 said:
It hasn't been that long. I am sure they plan on paying you. Just slow down and relax.


I apologize, but I really can't "slow down and relax" about this situation. No employer should be this inconvenient and disorganized, along with getting away with it.

Edited by Anonymous (10/04/12 02:18 PM)

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Re: Should I sue? [Re: Anonymous #1]
    #16965750 -

If there is a delay with his first check, they should be able to clearly tell him that and when to expect it.

Sure, you could call. But don't call and ask if you're going to receive your paycheck- the only answer to that is yes, don't bother giving them a chance to say no.
Call to make sure its there to pick up, if its not there to pick up ask them why not. If they don't know ask them to give you the number of someone who does know.
Do not let them tell you you'll have to wait, or try again later. Your check is either there, in the mail, or there is a problem with it that they are fixing right now.

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Re: Should I sue? [Re: Anonymous #5]
    #16965854 -

I'm actually a female. /irrelevant, kind of

But thank you everyone for the advice. I'll do what you say and ask about my paycheck and if it's ready at 4, if not, I'll ask why and ask for a number.

I put in a 2 weeks notice letter (sealed in an envelope) as well for the guy who was there to give to Jerry, and schedules are posted on Fridays, which is tomorrow. Should I fuck off with the job/never come back or come back tomorrow for the schedule and see if I'm on it?

Do I also have the right to ask for a copy of my time sheet on the hours I worked, or will it be on the paycheck? That is, if they fucking give me it today.

Edited by Anonymous (10/04/12 02:41 PM)

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Re: Should I sue? [Re: Anonymous #1]
    #16965976 -

Oh sorry for assuming..

I don't think you should have quit without getting a paycheck, that just gives them more reason to write you off. But 2 weeks is still two weeks, you should still show up and see if you're on the schedule.

You might be able to get a record of your timesheet, but it all depends, do you punch in to a timeclock? Does someone take attendance?  You should be keeping your own records anyway just in case you get fucked around like this.  But yes, it should be on your check - Number of hours at your pay rate(s), and what taxes were taken out.

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Re: Should I sue? [Re: Anonymous #5]
    #16966017 -

there are so many violations there, i cant even to begin to mention them.  but yes.  hire an attorney and get his help.  also contact your district boss if Jerry isn't already.

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