Question about labor board protection against firing employee

[Missdye]

Jurisdiction

California

My job has hit a snag and all the employees are owed 4 paychecks now. The owner has recently asked everyone to email him directly if people wanted to stay with the company as they would be doing a downsize since money is not coming in and the amount of people working isn't needed and is just going to further complicate things. Myself and the rest of my department have decided to stay. I just found out two of the girls in my department have gone to the labor board because they are not getting paid which that's not the problem. One of the girl constantly disappears at work, doesn't work and always calls off. I was confident before she'd be the one let go due to that reason. I was just informed that even though she went to the labor board because she's not getting paid that now the labor board will protect her from being let go. Even if it's let go from simply not working. Is this true?! I thought California was an at will state. Am I really in jeopardy now and the slacker gets protection? Omg! Any insight is greatly appreciated.

 

[army judge]

The labor board will investigate when someone complains about NOT being paid.

You will be compensated for the money you are owed, eventually.

The complaint benefits all employees that haven't bene paid.

Frankly, at will has NOTHING to do with what is going on at your worksite.

You have effectively ENSLAVED yourself for four weeks.

It is very unlikely you'll ever be paid when this occurs.

The best thing to do is look for other employment.

If the company isn't solvent today, it won't likely be solvent tomorrow.

Nevertheless, you are owed for a month's worth of work.

Time for you to start looking for a job where you are paid on time every pay period, unless you enjoy being a slave.

 

[Missdye]

The labor board will investigate when someone complains about NOT being paid.

Frankly, at will has NOTHING to do with what is going on at your worksite.

You have effectively ENSLAVED yourself for four weeks.

It is very unlikely you'll ever be paid when this occurs.

The best thing to do is look for other employment.

If the company isn't solvent today, it won't likely be solvent tomorrow.

Nevertheless, you are owed for a month's worth of work.

Time for you to start looking for a job where you are paid on time every pay period, unless you enjoy being a slave.

I understand all this. But I was wondering if and when my job does lay people off would they not be able to lay off that employee for not caring to work all because she's now protected by the labor board? I know they can't let her go simply because she went to the labor board about her pay but she would be one of the people laid off simply due to her work ethics. I am wondering if she's completely protected now?

 

[adjusterjack]

I am wondering if she's completely protected now?

She's only protected from retaliation FOR the complaint to the labor board.

She is not protected from being fired for not working.

 

[army judge]

I understand all this. But I was wondering if and when my job does lay people off would they not be able to lay off that employee for not caring to work all because she's now protected by the labor board? I know they can't let her go simply because she went to the labor board about her pay but she would be one of the people laid off simply due to her work ethics. I am wondering if she's completely protected now?

Why do you care about another person being laid off?

As adjusterjack explained, she's not protected from downsizing.

The bigger problem is you need to understand that if you've not been paid for a month, you've agreed to be a slave.

Don't expect the labor board to help anyone if the company is insolvent.

If I were in your position, I'd have quit the day I wasn't paid.

 

[ElleMD]

She can't be fired because she went to the Labor Board, but she can be fired for poor performance. The was HR and lawyers earn their money is balancing those two things. Depending upon how long the behavior has been going on, how well it is documented, how others will similar behavior have been treated, how others who have gone to the Labor Board have been treated, and your company's own tolerance for risk for even a meritless charge of retaliation, she might be fired or retained. There is nothing about her going to the board that protects her from the consequences of her other actions.