Final Paycheck in California Woes?

I'm a night tow truck driver, I went on vacation out of state ( they knew I was going long in advance) and was called 2 days into my vacation and was told that I wasn't allowed the vacation. I was in TN at the time. They changed the position i worked ( to a minimum wage slot that is part time not full), anyways I am not going back, and the boss took 900 dollars out of my final paycheck, with no detailed itemisted deductions, just -300 -500. Can he do that? I have been having problems with the owners wife shortchanging my paycheck since I have started there. Anyone know where my best course of action would be to start. Also the boss is telling all the jobs i'm applying too that I am a thief and lier. I did no such thing and do not deserve these slanderious comments. Any ideas on legal advice?

Morgan

Perhaps your best course of action is to file a claim with the US Department of Labor's Wage and Hour Division. You can find your local office at this site: http://www.dol.gov/esa/contacts/whd/america2.htm.

I recommend that you have prepared for them copies of your pay stubs and work schedule, if possible.

formersalt

See your nearest State Labor Commisioner office. This is what they handle.
I've been there, done that and it works.

trippedits

The only things that can be said in CA in regards to a former employee are:
1. Yes, the person worked here
2. Dates of employment

That's it. There have been people who have left my company that I have wanted desperately to tell the person checking references, "This person is an AWESOME employee and your company would benefit greatly from hiring them!" But I can't even do that!

Earned wages and accrued vacation must be paid. With the exception of taxes and insurance, nothing else should be taken out of the final paycheck.

Call the BBB. Below is a link to file an online complaint. If you type in "BBB in CA" into Google, it will give you a list of offices in CA based on your location.

SCH

As for the deductions...if they cannot account for why they took them out (ie they were forcing you to payback vacation time that you had earned but not used or something to that effect) they cannot keep the money...you could take them to small claims and win.

As for California I am not sure if the law is the same, but I do know in Michigan it is illegal to give a negative work history report unless you have police documentation to back it up (ie what the former employer is saying would be verifiable with a background check). That is why most employers will only say yes or no to whether the person worked there or not.

I say, in your interviews you are upfront that you left your previous employer on bad terms. You understand they are upset and have been saying bad things about you to other places you have applied...ask them to take in consideration all of your past work history (try to find some good refrences to back you up) and offer to submit to a background check. Try not to bad mouth your former employer to your interviewer because that just makes you look bad, just seem sad that it ended on bad terms, try not to dwell on it in the interview and stick to the parts about why you would be a great employee.

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