Legal Question in Employment Law in California

Illegal Wage Practices

My Husband was Wrongfully Terminated from his job of 13 plus years. For 3 years he was on Salary. He was not a Manager but received no Overtime pay. He was required to punch a time clock. He filed a claim with Labor Board and a hearing is set. His only proof of OT hours are the time cards his ex-employer has. The payroll co. has nothing. Are there any other options for him to prove this? The ex-employer can say I lost the cards and the claim is dismissed. The ex-employer has been practicing illegal wages over 10 years. Small co. 15 people max. He is trying to get others to file claim, but no one has as of yet and no one may period. Thank you for your time.


Asked on 4/17/99, 6:47 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: Illegal Wage Practices

You did not indicate why you feel that he was wrongfully terminated. If he was trminated after filing his labor board claim, he may have a viable claim of wrongful termination. More info is needed. As to the wage claim, it may be proven by the records the employer is required to maintain. Hours worked may also be proven by your recap of a best estimate of the days and hours you worked, in calender or other form. There are other methods we may employ to require the employer to provide records that may help prove your case. TP

Thomas Pavone

Pavone & Cohen

16055 Ventura Boulevard, Suite 1130


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Answered on 4/21/99, 12:08 am


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