my employer likes to play the game of [lets give paychecks late] A LOT game. i managed water for 600acres of cattle fields monday-sunday 9am-5pm. he had me on set salary with a house included in my job description(verbal agreement). i started up working from a (slow winter) mid march. my boss always said i did a great job keeping the fields green and he was talking of giving me a raise on my salary. 3-4 weeks went by with no pay so i ask my boss if paychecks will be done soon, by now im starting to get really low on my funds. Every week tells me(paychecks will be in thursday, or friday, or this day). He pays me after 3 or 4 weeks with a check of $100, I wasn't very happy, but i pressed on. Well i asked him 2 weeks after this measly $100 paycheck "when will i be getting paid for my work" he says "double check in 1 next week" well i got a $500 paycheck and fired or laid off after i told him $500 isn't enough as i was expecting my full pay, i live in one of his houses and have been waiting for pay as i cant affoard to move. Can he claim rent from me staying here as i was laid off 5/9/16 and its 6/2/16 now. i havent recieved court 30day notice nor my pay. he wont talk with me.
When you get housing as part of the employment bargain, the rules are very different. You can be required to move right away when your employment terminates. You do not have the right to a 30-day notice. Therefore, if the owner of the property want to, they could sue you in Unlawful Detainer and have you removed, and seek rent.
However, what you post about the pay issue suggests you may well have very substantial counter-claims available to you. While there is no penalty in a situation like yours for a late paycheck other than lost interest on the money, there are likely several other Labor Code violations that affected you. If you are sued or once you leave, it would be prudent for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
You may have a case for wrongful termination if your employer fired you because you asserted your right to be paid pursuant to California law. Upon termination of your employment, your employer was required by law to pay all wages owed. Since he has not done so, you are entitled to the unpaid wages plus one day's pay for each day you have to wait to be paid - up to 30 days and the law states that your employer "shall" pay your attorneys' fees. The only way he can legally force you to leave the residence is to file a lawsuit for unlawful detainer and it is possible that a judge would require you to pay the reasonable value of rent. Have an employment law attorney send a demand letter to your former employer to attempt to get what is owed to you. Find contact info on Avvo.com.
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