Legal Question in Employment Law in California
overtime check cashed but regrets decision
I was issued a check for overtime settlement fee for $1,000.00. But my co-workers who worked way less overtime than I did, got $40K. I didn't sign any waiver, although cashing the check can also be a waiver from what i'm told. Is there any way I can still be compensated for more than I was given?
Please advise.
4 Answers from Attorneys
Re: overtime check cashed but regrets decision
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Re: overtime check cashed but regrets decision
It depends on the circumstances. You refer to the check as a settlement, which idicates acknowledgment on your part that you compromised your claim in return for the $1,000. What was written on the check? The words are very important. If you filed a claim through the Labor Commission, you probably signed a waiver.
However, if the $1,000 was merely a payment of an amount the employer does not dispute they owe, and no waiver was signed for any further claim, you can still pursue the balance.
Re: overtime check cashed but regrets decision
It's difficult to tell from the context whether you would be entitled to any additional funds.
Are you no longer working for the company? Did the company provide you with any documentation or information that explained why they were issuing you the check? Had the company failed to pay overtime compensation for an extended period of time? Did the payment cover that entire period? These are just some questions that may help to clarify what your rights are in this situation.
Feel free to visit my website at http://www.tgm-law.com and call me if I you would like a free initial consultation on this matter.
Re: overtime check cashed but regrets decision
If the money was the result of an agreement to settle, or an award from the Labor Commissioner, it is over. If they unilaterally sent this to see if you would take it, then you better consult with counsel quickly to see what your rights and remedies are. Feel free to contact if interested in doing this right.