Q: I was working as a security officer. And my boss did not pay me for overtime, even though she was paid overtime for me.
And to make it worse, she shorted me more and more every check. What can I do?
A: You have several options.
One is that you can, and should, speak to your employer about this shortage in your pay. Try to work it out with the employer.
Another option is to hire an attorney to write a demand letter for you. That can sometimes work.
Another option is to file an administrative wage claim with the California Labor Commissioner's Office.
Finally another option is to file a lawsuit. You will likely want to have an attorney for that approach.
There are pros and cons to each of these approaches. It would therefore be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
A: You can file a claim in Superior Court or with the Labor Commissioner. You will likely need a lawyer to help you navigate your claim in Superior Court. On the other hand, the Labor Commissioner offers a lot of self-help resources to allow you to file a claim yourself. However, there are some disadvantages to filing a claim through the Labor Commissioner.
You should consult with an attorney who can help you determine the best course of action.
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