Legal Question in Employment Law in California
We live in los angeles, california my question is we had an employee that was asked to leave because of improprieties . he was the person that was in charge of payroll and bookkeeping for the rercovery center which is a non profit / for profit corporation.
he asked forhis final paycheck which he received. but now he's coming back and asking for overtime hours , which was not part of our agreement. on his final check i wrote on the back of the check "paid in full" , he cashed the check . so can he comeback and ask for overtime hours, as he was well aware of our initial agreement when we first started
that we would be working 8-12 hour shifts. so does he have a case ? but everything was word of mouth. neither of us thought this would occure .
1 Answer from Attorneys
A terminated employee can often come back to his employer after his final check and ask for overtime that was not paid. The statement "paid in pull" may not be sufficient to result in a release of claims in this context.
it is not at all clear to me that the former employee is entitled to overtime. Much depends on whether the employee was exempt or nonexempt, how he was paid, and the like. There may be other defenses. You should be speaking to an attorney that handles employer-side labor claims for assistance.
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