Legal Question in Employment Law in California

What can I do if my manager is editing my timecard and not giving me my overtime? As well as not equally paying me as my other coworkers. If I file a claim will I lose my job


Asked on 12/09/13, 10:19 pm

3 Answers from Attorneys

Your manager's editing your time card to erase overtime is illegal. You should consider complaining to HR about this issue. You also would be able to file a claim with the Labor Commissioner (formally known as the Division of Labor Standards Enforcement) or file a lawsuit in court. You should consult with an experienced California employment lawyer regarding your situation. Many of us offer free consultations.

It is illegal for your employer to fire you because you made a claim for unpaid overtime. Unfortunately, this doesn't mean they won't. Again, you should consult with an experienced California employment lawyer regarding your options in your specific case.

Good luck!

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Answered on 12/10/13, 3:10 am
Robert Worth Robert J. Worth , Professional Law Corporation

As stated, you have a right to your overtime and all time. Have any of your coworkers seen this happen? This would help support your claim and theirs. Reporting this illegal act by your supervisor is protected conduct and penalizing you for reporting it constitutes retaliation and would be the basis of a wrongful termination claim. There may even be a class action or at leat multipoe claims for lost wages for all the effected employees. You should personally report the violation to HR and confirm any meeting in an email for proof of it. You should consult an attorney without delay concerning your rights. I hope this helps.

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Answered on 12/10/13, 8:02 am
Terry A. Nelson Nelson & Lawless

changing your time card is improper, and if you can prove that, and prove you are 'shorted' and not paid for all time worked, you can file a claim for the money due, penalties and interest, plus reimbursed your attorney fees if you win. No one can guarantee you won't be retaliated against or fired, but if you are, that is a new and more valuable lawsuit. If serious about pursuing this, feel free to contact me. I've been doing these cases for many years.

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Answered on 12/10/13, 3:09 pm


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