In my job I get paid wages and mileage. For the past 8 weeks my check has been shorted both mileage and wages (I get paid 2 times a month) my boss has cut hours including over time and miles out of my time sheet. She doesn't agree with the way my previous boss agreed to pay me. However she has never told me that going forward she is going to pay me differently. I have made several requests for the balance due me but nothing ever happens. Should I continue to work and file a claim with the labor board or should I tell them I cannot do anymore work until I get paid? In which case they will probably tell me I am willingly volunteering to terminate myself.
Whether you stay and continue working while getting this resolved or you leave is a decision only you can make. You have options for dealing with the pay issue. You can be patient and wait for it to resolve, you can hire an attorney to write a letter to force proper payment, you can file an administrative wage claim with the California Division of Labor Standards Enforcement, or you can file a lawsuit.
Each of these have pros and cons. It would be wise 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 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.
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