Worker at bank accused of being verbally abusive during phone conversation about paycheck
A worker claimed penalties under the Private Attorneys General Act of 2004 (PAGA) based on the employer’s alleged failure to timely pay final wages to a discharged employee as required by section 201.3(b)(4) of California’s Labor Code.
In a recent California case, a temporary staffing company hired the plaintiff as a temporary worker in July 2013 and assigned her to a temporary position at Bank of the West on Aug. 5, 2013.
On Aug. 16, 2013, a representative of the employer had a telephone conversation with the plaintiff about the delivery of her paycheck. The representative, claiming that the plaintiff was verbally abusive, relayed to her a message allegedly stating that, as a safeguard and precautionary measure for the bank, she should refrain from returning to the bank due to her violent and threatening behavior.
The plaintiff later testified that the employer representative basically implied that she was “fired” from her employment with the employer and not from her bank assignment.
The next Monday, the plaintiff reported for work at the bank. An employer representative escorted her out. An email from an employer representative told the plaintiff that her project at the bank ended effective that Monday and that she could not return to the work site unless instructed.
In line with the employer’s regular payroll schedule, the plaintiff was paid for her work for the weeks of
Aug. 12...
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