Legal Question in Employment Law in California

hi, I was fired from my job in march 2012, and I just now knew I was actually in the right, my employer (the original pancake house) only gave me and the other employees a one 15 minute break for our 6.5 - 8 hour shifts, and we didnt clock out for it. anyways, i got fired for taking small breaks out back without asking the manager, because she would only give one 15 minute break for us a day.

So i applied for unemployment and my work fought it, and when my manager came into the court room, she told the judge that she gave me a 45 minute lunch every day that i clocked out for and a 15 minute break on top of that, she has no proof of this, it was just her word against mine. CAN YOU PLEASE HELP ME! I NEED A ATTORNEY TO PUT ME IN THE RIGHT!!

AND! i went to my work to see if they still had my employment information and they started to just give excuses, so if they got rid of my employment records, isnt that wrong also???


Asked on 12/18/12, 12:50 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If you were not paid fully and timely for all hours worked, and/or were denied two 10 min paid breaks and a 30 min unpaid lunch, then you have a claim to bring for all unpaid compensation due for hours, OT, breaks, plus penalties and accrued interest on it all. Your burden is to prove the unpaid time, etc You apparently didn't do so at the EDD hearing, where it would have won your claim. You lost because you thought your 'word' was good enough. If you have time records and cards, other documents or witnesses that can prove what you claim, then feel free to contact me to discuss the evidence and your rights and remedies. Once your legal claim is filed, you will be able to subpoena the company records, to see IF they show support for your claim.

Read more
Answered on 12/18/12, 1:29 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California