Jane Mundy discusses in his recent article entitled Busted for Pot: California Labor Law Violation? a violation of the California labor law. Brad (not his real name) from Monterey, CA was fired from his job a few months ago because he was caught by the police with a small amount of marijuana. Brad claims that his former employer has taken advantage of the incident and refuses to pay Brad his final two weeks of pay.
Brad asked the former boss for $1,200 for 83 hours work and 72 hours vacation time. The boss said he was not going to pay. The former employer refuses to give Brad a reason and he does not return his calls. Moreover, the former boss rejects to give Brad a pay stub to reflect his hours over the final two weeks.
Brad worked for an interior house plant design company for 10 years. His duties were to install and set-up house plants at residential and commercial properties.
Brad was arrested when he was on his employer’s premises -and that is one of the reasons he needs an attorney.
He was charged and spent two weeks in jail. Brad claims he was not even smoking. Someone could smell marijuana on him and called the police.
After Brad’s release he tried to contact his boss but his attempts were unsuccessful. So he called the California labor board. The California labor board told him to bring in any documents that will help his case, including evidence of working those last two weeks and his vacation time. When one is terminated in the state of California, he is also entitled to vacation pay. Brad has previous pay stubs showing that he was getting vacation time and not getting paid under the table.
Brad does not have testimony from his former co-workers or customers that he worked with those last two weeks but he intends to get documentation and statements from them beforehand. «If I get an attorney, I am sure they will advise me of any further documentation I need to ensure I get my rightful pay.» says Brad.