Legal Question in Employment Law in California

Failure to Provide Overtime Compensation / Wrongful Termination

I work for a land conservation organization that employs approx. 40 people. The practice of the organization is to provide ''comp time'' to all personnel who work over 40 hrs. per week. This ''comp time'' or ''rescheduled work'' time is compensated at 1 to 1. At no time has the organization ever paid OT @ 1-1/2 times or 2 times the hourly rate.

While my title is ''Preserve Manager'', my job responsibilities and description do not support white collar or managerial work. I do not have authority to discipline, review, hire, or fire the 1 person that is subordinate to me. I do not perform strategic planning, nor do I have final say in any aspect of significance related to the preserves on which I work.

Another worker and myself were directed to perform an illegal act. During performance of the task, we were injured. The Org. Atty advised me that the Exec. Dir. denied telling us to perform the task. Since that time there has been all kinds of heck to pay, and they are trying to determine how best to fire me even though I have given notice in an LOR because of this.

Can a claim be filed on behalf of all workers for the missing OT? Do I have a wrongful Term. case?


Asked on 11/09/04, 7:38 pm

2 Answers from Attorneys
Donald Holben Donald R. Holben & Associates, APC

Re: Failure to Provide Overtime Compensation / Wrongful Termination

It appears you may have a claim for overtime, however, need more information. Laws are applied in different manner for different workers/industry. Call if you wish to provide additional information.

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Answered on 11/18/04, 4:02 pm
Terry A. Nelson Nelson & Lawless

Re: Failure to Provide Overtime Compensation / Wrongful Termination

Sure, you can file for unpaid overtime, and go through the fight to see if you succeed. You have a claim, whether you win will depend on the judge. If you think you are going to be fired, you have nothing to lose by filing immediately.

If you haven't been fired, you don't yet have a case. Depends upon what grounds are stated for firing when it happens. If you can show illegal retaliation in the firing, it may have value. Otherwise, it may only be a firing of an 'at will' employee. Contact me once you are fired, if you want to discuss getting counsel involved in the OT hearings or termination claim.

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Answered on 11/17/04, 7:09 pm


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