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Entries by Brad Nakase

Why would someone ask for their personnel file?

Employees who believe they have been fired as a result of unlawful discrimination, retaliation, or harassment will often request their personnel file. Those files may contain information that helps you prove discrimination, harassment, or other civil rights violations.

Can You Refuse to Work If You Haven’t Been Paid?

Legally, you may have the right to refuse work if your employer hasn’t paid you because it is constructive termination and wage theft by the employer. If your employer hasn’t paid you, should should review your contract before not working.

What Happens If I Don’t Get Paid on Payday?

If you don’t get paid on payday, contact an employment attorney immediately and ask for help getting the wages owed to you. Alternatively, if the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor’s Wage and Hour Division or the state labor department. 

How long can an employer not pay you?

Your employer must pay you on pay day if you did not resign or fired from your job. If you’re fired from your job, you must be paid the same day. If you quit your job, you must be paid within 3 days. 

Do You Get Paid for Training? 

In California, employees are generally entitled to be paid for training as long as its job-related and mandated by the employer.

When Is a W-9 Not Required?

A W-9 is not required when payments to a vendor are under $600 in a calendar year. Payments made through credit card processors or platforms like PayPal also do not require a W-9.

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