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Can I Sue my boss? I have a list of reasons. I have proof including ALL check stubs, clock in sheets, and saved texts messages

Covina, CA |

-We were working upto 53 hrs a week during the holiday season but never received over time pay.
-No breaks or Lunches.
-Half of our checks are paid under the table
-Now that its summer (slow business) he explained that his stores were doing so bad that he needs to cut our hours: all of our shifts are worked completely alone. One worker is even pregnant and we are in an unsafe location and usually deal with hostile customers in which I've even resorted to calling the police. Aside from that he's been making trips to New York and Costa Rica all summer. Why is he vacationing if "the economy is so bad" (I have that text saved).
-unpaid meetings that he makes required, outside of work hours in santa fe springs, all of us live in La Puente and Baldwin Park.
-didnt report our wages for 3months

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Attorney answers 2

Posted

Looks like you may have a wage and hour case and potentially more. You are entitled to overtime pay and meal and rest breaks if you are a non-exempt employee. You should contact an aggressive and experienced employment lawyer who represents employees immediately.

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

Asker

Posted

Thank you. You're lots of help

Lesly Jeanne Adams

Lesly Jeanne Adams

Posted

I agree with my colleague here - speak to an employment attorney, preferably one who practices wage and hour law, immediately. You need not file any administrative complaint prior to doing so. Good luck!

Posted

This is California of course you can sue. But what are you looking for? Do you want to keep working for this person? Then you need to file a complaint with the State www.dfeh.ca.gov. or Federal www.eeoc.gov.

His vacations are irrelevant, however all worktime is paid time. In California non-exempt employees with minor exemptions (approved flex schedules, fee agreements or labor rulings) are entitled to overtime after 8 hours in a day or 40 hours in a week. Meals an rest periods must be available after the recent Brinker decision. Meal and rest breaks do not mean that you must be able to leave the premises but that you are relieved of duties.

Go through your complaint processes before you hire an attorney. I hope things improve for you at work.

Regards, - B

This information is general and will change according to your facts. While this information may apply to your situation, without more facts I can not encourage you to rely on this information. I am not your attorney. No attorney client relationship exists. You should hire an attorney for your specific business matters.

Asker

Posted

thank you so much

Asker

Posted

I don't wish to work for him anymore. does that change anything? I have no personal grudge with him. He's just not a good business man. Does it make a difference that its a privately owned store??

Beth Kristin Rautiola

Beth Kristin Rautiola

Posted

To sue in California you may need to file a simultaneous complaint with the FEHC. Historically, you were required to get a right to sue ruling from FEHC before suing. It is now a formality that judges still like to see. It can't hurt to file a claim with FEHC. They will give you detailed instructions. Good luck, Beth ________________________________ This e-mail may contain material that is confidential, privileged and/or attorney work product for the sole use of the intended recipient. Any review, reliance or distribution by others or forwarding without express permission is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein.

Asker

Posted

oh okay, I understand, again thank you :)