Legal Question in Employment Law in California
Overtime money withheld - Wrongful termination
I quit my job of 19 yrs to work for a small shop that offered more money, a move to colorado with my family, and where houses are cheap. The owner said he couldnt pay overtime but would pay me when he sold his house and give it to me as a gift tax free for a down payment. Eight months later, almost 1000 hours of overtime, just 2 days after the close of escrow, with over $25,000 owed, I was fired for not leaving fast enough when he told me to go home because I wasnt moving fast enough to move his house furniture into a storage box (my title was programmer, not laborer).
How can I get my money, toolbox, my software cd's, my paper notes, my notebook with my hours written on them, and my leather case. I feel I was lied to or tricked. Several times he harrassed or tested me trying to get me to say something I know I shouldnt so he could get rid of me. I was scared to ask for a contract about my overtime, because he was changing into someone else as it grew closer to the time he would get his money from the sale of the house. He would put his face in mines and scream that he was the employer and didnt care about my opinion. He has scared other guys with racial and harrassing remarks. Within a few months, other guys quit due to stress
2 Answers from Attorneys
Re: Overtime money withheld - Wrongful termination
Generally agreements to avoid the payment of overtime are unlawful in every state in the US. You should consult with a Colorado attorney regarding your rights.
Re: Overtime money withheld - Wrongful termination
Since this was in Colorado, check with them for a wage enforcement department, or consult a local attorney.