Q: I want to sue my past employer for not taking 10 min break ever since employed. How can I start the process
I have no record since I did get rid of my time punch cards. Also my ex-coworkers are witness to this since none took a 10 min break either. The restaurant also no record of me taking a 10 min break
A:
If you have no evidence, then your case will be more difficult to prosecute. The fact you have witnesses helps, but witnesses can be discredited as, for instance, bitter or substandard employees with a grudge. You can talk to a lawyer about pursuing a case about "failure to provide rest breaks". Mention that specifically so you'll get to the right kind of lawyer. Your lawyer will want to know the timeline for this as you may have statute of limitation problems.
You can also try filing a case with the CA Dept of Labor and Standards Enforcement (DLSE). You can google their website and download the necessary forms to file the case. The DLSE doesn't charge you for this and you can still get a lawyer to help you, but the DLSE process takes a really long time to do. If you're patient, that's no big deal, of course.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
