Can my employer bribe me to cancel the wage claim I filed, that ask me to quit my job?
I filed a "wage" claim for REST periods! Never had one for 6 months. My boss is now bribing me to pay me off then I have to quit.But it doesn't stop there. They initially took me off the work schedulw and request a Dr's note on a 15 yr. old spinal fusion,there is nothing wrong with my back! The manager kept me off scdl.and harrased me into getting this note. I did get the note and he declined it. Now they are bribing me to not go through with the REST PERIOD claim, he'll give me a measly 1000.00 and I lose my job!
I agree with my colleagues that your employer has made a settlement offer. This is common and it is not a bribe. From the facts that you provided, it appears that you could arguably have a retaliation claim based on the fact that after you made a wage claim, you were taken off your work schedule and a doctor's note was requested for something that was previously not an issue for the employer, then the letter was rejected. This possible claim could give you additional leverage to negotiate a settlement with your employer. Be mindful that settlements typically include a waiver of all claims that you have against the employer. As such, if you want to use the potential retaliation claim to negotiate a higher settlement, you should do it now. Otherwise, you could end up waiving that claim.
Consult a local employment attorney ASAP - some offer a free consultation.
This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.
Asker
Thank you too sir! Both of you have confirmed my next move.
Talk to an employment attorney right away about your options. Your future does not look bright at your current employer regardless of your decision to stay or go. Also, I am not sure I would characterize what your employer is trying to do as a "bribe". It appears to be a settlement offer conditioned on your separation. This is common. On the other hand, if you refuse to accept and are later fired, you have a solid retaliation claim under the Labor Code. Do yourself a big favor and consult with an employment attorney before moving forward. You can't afford a misstep here.
Please contact me at (213) 222-6560 for a free consultation and case evaluation. This answer is for educational purposes only, and is not intended as specific legal advice or intended to establish an attorney-client relationship.
Asker
Thank you! I wasn't going to stay even if they begged me..the issues go much deeper.. 1000.00 is nothing for what they have done to me. thank you!!
Of course. Hope it all works out.
Asker
Nathan, isn't this already RETALIATION? Here what the boss said." What will it take to make this wage claim go away" I do not want to deal with this! Whatever you want, to make it go away and we will part ways" end quote.. And this conversation was via telephone..
You could argue that, but I don't think the retaliation claim is quite ripe yet. It would be a lot stronger if your boss fires for filing a wage claim with the Labor Commissioner; stronger in the sense that your damages would be greater in the event you're fired.
Asker
thank you!
If your employer is offering you money to dismiss your claim, that is called a settlement offer, not a bribe. It is fully legal for an employer to offer you money to dismiss your claim. It is further fully legal to have as a term of that settlement that you will no longer work for the company.
It is an offer, that is it. You can counter that offer with either an outright "no" or with a demand for a greater sum of money. That is how settlements are worked out.
If, instead of an offer the employer threatens you to take it or lose your job, that is unlawful retaliation.
Good luck to you.
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Asker
Thank you! I slept last night, quiet well actually, an looked up in the dictionary, BRIBERY, and yes,, I have realized that it more a pay off,what he is doing. The sad thing is, I was a model employee and had done alot for the bar business and had compliments everyday from my bosses. TO be asked to be paid off a measly 1000.00 is an insult. I have lost wages for 1 month, lost rest periods for 6 month, loss of tips, and now I can't find a job due to the high amount of people that have moved here and want to be a bartender! CAN I tell him that he has now costed me my job, I can retaliate, and counter his offer with a MUCH higher amount? AS it stands he would owe me $5000.00, from my calculations. And what if I don't get a job in the next 3 or four months? Unemployement just called and they might not give me that! This is a mess that never had to happen if it wasn't for the new bar manager that is 74 years old and has NO business being in this business! Any other thoughts or words of encouragment greatfully accepted. Thank you so much for writing~