NO W2 , no contract ever wrote up as promised, then told that they were being replaced, their 90 day trial was up,? Another couple came the following day, then owner told couple thats being replaced .... that they could stay and additional 2 wks. in their motel room( that they have paid weekly and resided in over a year), ( minus the immediate prior 90 days,) RENT FREE!! in exchange for a certain amount of hours each week to train the newly arrived couple replacing them, And If they do not agree ? then they must leave premises.!!! Immediately!!
It is never lawful to pay an employee cash without an accounting of the deductions, rate of pay and several other pieces of data that must be provided on a paystub. Furthermore, cash payments suggest no withholding for required payments, and no employer matching which evidences other violations of the law.
When employees receive lodging as part of their compensation, the Wage Order dictates the value of those in-kind benefits, and the employee is still required to receive minimum wage value for their time spent on the job, minus the designated values for the lodging. In other words, it may well be you should have been paid more money, depending on the number of hours you worked.
As to removing you from the lodging, the rules are very different than if you were a simple tenant. The lodging is considered part of your job pay, and the employer can cause you to move practically immediately when your job ends, unlike a regular tenant who has rights under the unlawful detainer laws.
It sounds like 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 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.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline