Attorney to File Wage Lawsuit Pay Reduction Sick Leave
If your pay was reduced because you were sick, your employer may have violated the law, and you might have the legal grounds to file a lawsuit against your employer. The California Employment Attorneys Group is here to represent you and get you the maximum amount of compensation which you deserve for your employer’s disregard of the law.
Getting sick is something that everyone dreads: it can give you a runny nose, cough, chest pains, headaches, and generally just makes you feel terrible. If the sickness is bad enough, you may even have to miss work for a period of time. We at the California Employment Attorneys Group are to help you understand your rights as an employee in the U.S., and help people in your situation every single day. We answer questions regarding any next steps which are available to them. Examples of such questions include:
- Can I sue my boss if my pay was reduced because I got sick?
- My boss reduced my pay because of my illness. Can he legally do that? How can I hire a lawyer?
- Can I sue a company if they reduced my salary due to an illness?
- When my employer found out I have an illness, he cut my hours. Can I file a lawsuit?
- Can my employer reduce my pay because he found out I am sick?
- Can I file a lawsuit if my hours were cut due to an illness?
If you get sick, as it is bound to happen as no one’s immune system is perfect, you are entitled to take time off work until you recover and can healthily enter the workplace once again. There are numerous rules and regulations under the laws which govern sick employees’ rights which determine what they can and cannot do when they take sick leave.
Most employers have an employee handbook which explains in detail what employees should do if they are unable to come into work because they are sick. The handbook should outline the proper procedures for letting your employer know that you are too sick to come into work, such as contacting certain personnel by a certain time or in a certain way. If you do not inform your employers of your sickness and your inability to come into work because of that illness, you will not be eligible to receive the protections of the law, which include things like sick pay, unless your employment contract states otherwise. You will also be breaching the terms of your contract which may lead to further actions against you.
Can My Employer Deduct My Pay for Using Sick Leave?
In the state of California, you have the right to sick leave if you or an immediate family member need preventative care or diagnosis, need to care or treat an existing health condition, or if you have been the victim of domestic violence, sexual assault, or stalking. Preventative care can include treating a nasty flu, annual physicals, as well as time off to receive the flu shot.
Immediate family members include your children, your spouse, parent, registered domestic partner, grandparent, grandchild, and sibling.
The answer to this question depends on whether or not you are an “exempt” or “non-exempt” employee. For exempt employees, your sick leave pay is determined in the same way that the employer determines the wages for other forms of time off, like vacation pay, or paid-time-off.
If you are a non-exempt employee, then your employer must pay you your regular non-overtime hourly rate for the amount of time that you took off from work to receive medical attention during your sick-leave. For instance, let’s say that you took four hours off work (a half-day) of sick leave in order to make it to a doctor’s appointment. Your employer must pay you for those four hours at the exact same rate you would have earned if you had not gone to the doctor but instead had been working.
To determine the rate of pay you will receive for your sick leave, your employer has the option of doing the following two steps:
- They will simply calculate your every day, non-overtime rate of pay that you regularly earn for the week, and pay you that amount;
- They will divide your total compensation for the last 90 days you worked by the total number of non-overtime hours.
If you are a non-exempt employee and notice that your pay has been deducted, you may have the right to file a lawsuit against your employer.
How to File a Lawsuit Against Your Employer If Your Pay Was Unlawfully Reduced
If you believe that your pay has been reduced unlawfully, you have two options which are available to employees. You can file a wage complaint under the federal Fair Labor Standards Act (FLSA) which may pursue your complaint on your behalf. Though this step is not required if you want to file your lawsuit directly against your employer, without the assistance of a government agency, and take them to court.
There are strict time limits to which you must adhere if you want to file a lawsuit against your employer for wage and hour claims. In order to preserve the legitimacy of your claim under federal law, you must file your lawsuit within two years of the violation for which you are claiming. If your employer has willfully violated the law, then the statute of limitations is increased to 3 years.
The California Employment Attorneys Group is here to ensure that justice gets served if your employer has violated the law and unlawfully reduced your pay because you were sick. If you believe that your employer’s actions were illegal, give the California Employment Attorneys Group a call today to see what we can do for you. We offer free consultation and the zero-fee guarantee, which means that there is no financial obligation or risk on your part! If we cannot prove your case to the court, then you will not pay for our services. Contact us today.