Legal Question in Employment Law in California

Hello here is my question: I was employed about a year being a personal assistant and since ive started working for this person, she has taken advantange of my rights and given me mental stress and physical stress as well, first off she treats me and all of her employees like crap yelling and pretty much a bad employer, so its not just me who thinks this,one person took her to court after she argued with him, he won the case, and a few others have been fired for standing up to her, she also made me work 12 hour days 6 days a week with no breaks or lunch breaks and since she was starting her new business, I was taking care of her two children, one has a disability, I had no choice but to work or be fired, she didnt have a time sheet i had to write down my hours, but deposited the money in my bank account every week i got paid so that should show the hours since i got paid 10 an hour, and thinking I had to do a w-9 form at the end of the year, nope none was ever given in fact she said i was being paid under the table, and now she is treating me more like crap everyday trying to make me quit, after all ive done for her its not right and I want justice.

So here,s the break down and things i missed.

1. paid under the table

2.no overtime pay even though I worked 12 hours a day for 6 days a week only one day off.

3.no breaks or lunch breaks

4.mental stress and physical stress due to being treated badly and there is proof.

5.taking care of two children, one having down syndrome

6.unpaid for driving to do errands.

7. her calling me back and forth while im driving, to pick up another co worker causing a car accident, I have the accident report.

now I wouldn't have contacted you if this employer had done the right thing and treated me better for all Ive done for her to get her business started, without me it would not have been successful.


Asked on 4/14/10, 10:59 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Law Guru is not a law firm. It is a question and answer forum. Clearly, you have stated things your employer is doing that are illegal (though not everything you mentioned is illegal). You should either hire a lawyer in your area, to file suit, or file a wage claim with the California Labor Commissioner.

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Answered on 4/19/10, 11:20 am


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