Legal Question in Employment Law in California
My employer fired me because I didn't clock out for lunch. I'm not allowed to leave the department unattended, therefore it's rare when I take a lunch and he knows that. But when he fired me, he said that I'm supposed to clock out for lunch. He expects me to work for free. Is this fair?
2 Answers from Attorneys
No, it is not fair. It is also illegal, and your former employer may be liable to you for damages. You should contact an employment attorney for further advice; he or she may be willing to take on a case like this at no cost to you unless you win.
My office handles class actions of this variety; if this is a pattern affecting other employees besides yourself, you can call me for a no-cost and no obligation consult.
Your employer's actions are illegal. If there are 40 or more employes who have been cheated, a class action lawsuit may be the way to go. If there are less than 40 employees involved, those who wish to can ban together and file a single lawsuit (it is not a class action). If you are the only one, you can file a complaint with the DLSE (Department of Labor Standards Enforcement). You can find the DLSE on line. My number for a free consultation is 805-886-4515. Good Luck!
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