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Customer Service job ended up being Sales job and they attempted to withhold last pay

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SrHandsome

Junior Member
What is the name of your state (only U.S. law)? California

I was hired by a company that said to be in "Customer Service" and that they offered "Paid Training" which ended up being a Sales job based on Commission which did not pay us for 3 full days of training and they tried to withhold my final paycheck because they thought I held onto their supplies, which I informed them that I did not, so now my only source of income this past month is coming late.
Can I seek legal remedy for a job that paid me late, lied about the field they work in, and the time and money I lost taking in that job and leaving my old one?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

I was hired by a company that said to be in "Customer Service" and that they offered "Paid Training" which ended up being a Sales job based on Commission which did not pay us for 3 full days of training and they tried to withhold my final paycheck because they thought I held onto their supplies, which I informed them that I did not, so now my only source of income this past month is coming late.
Can I seek legal remedy for a job that paid me late, lied about the field they work in, and the time and money I lost taking in that job and leaving my old one?

If you don't have an actual employment contract that lays out your specific duties, then your employer is free to assign you to whatever position they feel is best. You didn't have to leave your old job.
 

HRZ

Senior Member
WHere did this "training" take place....in a company facility or out in field attempting sales or what ? And if both, give a rough hourly break down.
 

SrHandsome

Junior Member
WHere did this "training" take place....in a company facility or out in field attempting sales or what ? And if both, give a rough hourly break down.
Training took place in office. It was just a bunch of lectures and courses and learning the key to sales. Training, in my view. But I may be interpreting this the wrong way.

Sales can be considered as customer service.
Well you learn something new every day. Thank you.

It's been 4 days since my final scheduled payday and I've yet to receive my check in the mail. Can I still file a wage claim even though it's supposedly just a late pay check? I'm keeping up to date with my former employee via text so I can have proof. Just wanna know if it holds up or if I'm wasting my time. Thank you all very much for your advice.
 

Zigner

Senior Member, Non-Attorney
Training took place in office. It was just a bunch of lectures and courses and learning the key to sales. Training, in my view. But I may be interpreting this the wrong way.


Well you learn something new every day. Thank you.

It's been 4 days since my final scheduled payday and I've yet to receive my check in the mail. Can I still file a wage claim even though it's supposedly just a late wage claim? I'm keeping up to date with her via text so I can have proof. Just wanna know if it holds up or if I'm wasting my time. Thank you all very much for your advice.

What reason do they give for not paying you?
 

SrHandsome

Junior Member
What reason do they give for not paying you?

I met with my former employee the week after I quit asking about final paycheck and they said that the commission I received the following period because of the time the install was complete (door to door signing people up for AT&T Cable Internet) and I was asked me to bring back their uniform and paperwork then they'll pay me, which I did return to them. Texted former boss on the following payday asking why I didn't receive my paycheck (had direct deposit) and she said that I need to return their equipment as per the conversation we had, which I told her I had, and then she said she would mail my check out this past weekend.
 

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