Legal Question in Employment Law in California
Employment Questions
I work at a small company. (i have been here for 10 weeks) I am a salied employee and I also receive commision. My work atmosphere has become intolerable. I am definatly being forced out, However 2 of my co-workers have recntley quit- so it makes sence that they would keep me around. I do not wish to stay any longer. I work at least 50 hrs. a week with no overtime. It is a very 'mom and pop' place and my job requirements have changed several times. I want to leave, but I dont want to forgoe severance or unemployment. What are my rights???
2 Answers from Attorneys
Re: Employment Questions
In addition to the general rule noted in the previous post, the amount and basis for your comission will be relevant to your rights to overtime. Whether you have any managerial responsibilities, such as the authority to hire and fire employees can also affect the outcome of your issue.
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Best of Luck!
Re: Employment Questions
In California, in general, except specific circumstance, you must be paid overtime if you work over 8 hours in a a work day or over 40 hours in one week. That is the general rule not knowing more about you. So you are entitled to overtime and can recover it. You mentioned having a severance, which suggests you have some sort of an agreement with your employer, or there is a policy to that effect. Without more information about your case there is not much I can provide, about your rights. Feel free to contact me to discuss your case.
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