In Voris v. Lampert, the California Supreme Court held that an employee cannot generally assert a conversion claim based on the nonpayment of wages.  The Court stated that the conversion claim was a claim that was often brought by plaintiffs in employment cases, but the law was not clear on whether this claim was generally proper in the employment context. The Court held that the conversion tort is not the right fit for the wrong, nor is it the right fix for the alleged deficiencies in the existing system of remedies for wage nonpayment. The Court stated that the employment relationship is “fundamentally contractual,” meaning it is governed in the first instance by the mutual promises made between employer and employee. It noted that more than a century ago, the Legislature began to supplement existing contract remedies with additional worker protections designed to “safeguard” the worker.  It noted the extensive protections in the Labor Code.  The plaintiff asked the Court to supplement the existing remedial scheme with a common law cause of action for conversion of unpaid wages.  The Court declined to do so, noting here already exist extensive remedies for the nonpayment of wages and if the Legislature wants to add more, if it their job; it is not for the Court. It did note there are some exceptions to this general rule when all the elements are met, but that the claim for general lack of payment of wages was not sufficient.

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