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Amy Semmel

Amy Semmel’s Answers

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  • I was terminated on monday, I claimed OT owed for over $30K, and today they offered me to get back with the same conditions

    but now working a fixed schedule. do you think that employers can take back an employee that was terminated, negotiate the drop of any potential claim in exchange of the old job? and then, they can terminate me?

    Amy’s Answer

    It sounds as though the Company not only failed to pay you the overtime owed to you, but also retaliated against you for complaining about not being paid properly. The Company appears to recognize that it engaged in illegal conduct and is trying to cut its losses.

    Not only is there no guarantee that the company will not terminate you shortly after your return to work (should you choose that route), even an assurance in writing that you will be terminated only for good cause leaves the Company “wiggle room.”

    Not only does the Company owe you overtime pay, but likely will owe you a day’s wages under Labor Code §203 for each day after your termination that the overtime remains unpaid.

    This does seem to be a matter as to which you should contact an employment attorney.

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