I was never paid my last checks from work and he refuses to pay me. He stole my phone and refuse to give it back to me.

I’m sorry you’re dealing with this. These are really two separate issues. On the unpaid wages: in California, final wages are due immediately when an employee is fired, and within 72 hours when an employee quits without notice (immediately if at least 72 hours’ notice was given). If an employer willfully fails to pay, a “waiting time penalty” can apply — your daily wage continues as a penalty for each day you remain unpaid, up to 30 days.

One common way workers recover both the wages and the penalty is by filing a wage claim with the California Labor Commissioner, which holds an informal hearing. There is no filing fee, and a lawyer is not required.

As for taking personal property, that is generally a civil (and potentially criminal) matter, and options can include a police report or a small claims case. If the phone belongs to the company, the employer may be entitled to keep it.

This is general information, not legal advice, and does not create an attorney-client relationship.