California  |  Employment Law

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1/01/12, 9:00 pm

Legal Question


Our family business is being sued. The former employee is suing claiming there were no lunch breaks. She was a water and failed to clock in & out. The business was doing extremely poorly, and she wasn't asked to do much. She took every break she could get, but failed to punch in a restaurant software we used for daily orders & time clocks. Each employee has a code when used and is confidential. She falsified her paperwork & is undocumented. We had to sell the restaurant and offered her a job on our other location, but she refused. Since she is unable to claim unemployment, she sued instead. She's demanding a pay out of over 15,000 or will sue. Can we counter claim or neglect request? We have documents to prove daily activity from orders, orders taken by employee specifically, & time clock punch ins. Unfortunately, restaurant was managed poorly by someone else and time clocks were never corrected or revised.


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