Legal Question in Employment Law in California

Re: 6 years of not being paid overtime

You ask and/or bring up several good points/issues. However, based on your e-mail I cannot fully assess your situation.

I can tell you that as an employee of any employer in California you have a right to a copy of all of your wage records. You can make that request, which I suggest you do in writing. You can also copy your records, but I would not do so without your employer's knowledge or "behind their back" so to speak. As you do have a right to those records, no reason to hide your actions.

If you voluntarily leave your employment, an employer must pay you all of your earned wages, including year end bonus (for 2005 - correct?) and overtime, in 72 hours from your resignation. Should your employer fail to pay the wages, please contact our office, as we regularly deal with such issues for our clients.

As for your "unemployment claim", do you mean "workers compensation" claim for your carpel tunnel injury? If so, I do not practice workers compensation law. Most employment attorneys do not practice in that area as it is a special limited area. I can help you find a workers compensation attorney if you would like. Please let me know.

I hope this e-mail address' your concerns. Please feel free to contact me further at my e-mail [email protected] or my office telephone number.

Sincerely,

Beth Mora

Re: 6 years of not being paid overtime

It is a great idea to make copies of all hours worked. Unfortunately, if you file suit, you will only be able to recover overtime for the last 4 years. The bonus may be recoverable as well, but it really depends on how and when bonuses like yours are usually and typically earned. Feel free to give me a call if you wish to pursue this. Best of luck.

Re: 6 years of not being paid overtime

If you want to be able to collect the unpaid OT in full, then timecards and other payroll records would be used to easily prove how much you worked, and were not paid, despite any fight or objection from the employer. You and your attorney can then file your claim and have a better chance of getting a favorable ruling for FULL payment, with interest and penalties that apply. Feel free to contact me if interested in doing this right.

As to carpal tunnel, you have a Workers Comp case that can/must be filed within a year of leaving employment if it hasn't already been filed. Don't wait to get a specialist comp attorney.

Re: 6 years of not being paid overtime

Just to clarify about bonuses, there generally are two kinds of bonuses. One type is contractual and tend to be tied to some objective performance criteria. If the criteria is met, the bonus is earned and payable at a defined time of year.

The other is discretionary and is treated more like a gift. If the company does well, they then decide how much and to whom they will pay the bonus, much like Christmas bonuses often are. These kind of bonuses are not enforceable in court.

Bonuses are a creature of contract and the employer, generally has the right to place conditions on them. We look at written policies and past practices to determine whether the employee has a right to them. If you believe your bonus falls into the first type, and the employer refuses to pay when due (it may not be due on your last day of employment) consult with an experienced employment law attorney in your area for advice.