Chula Vista, CA asked in Employment Law for California

Q: Can I sue Amazon if they have not paid me a shift I worked?

I worked on Tuesday 01/30 but because I was on LOA for the day before only, my badge was not working. I let a manager know and she said she would submit a request to HR and to work. Since I did not see my shift added, I contacted HR the next day and they said to wait 72 hours for the shift to appear on my schedule. 3 days passed by and nothing, I contacted HR once again on 02/05 and they said they would have to request a ticket to my job site and they would decide in 72 hours whether to add the shift I worked or not add it. It has been 5 days already and no one has fixed anything. I have proof that I worked that day and also, I know from past experience that they can also see when I try to clock in whether it works or not, they have all the times where I scanned my badge so I don’t understand why they don’t believe me or why they keep asking me to wait over and over again.

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2 Lawyer Answers
Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Do you have the legal right to be paid that money? Of course. Is a lawsuit the way to collect it? No.

Keep working with the employer. If at some point you believe you are getting nowhere, you can file an administrative complaint with the Labor Commissioner's Office to get your money. A lawsuit would be way to expensive and way to long to wait to get your money.

Good luck to you.

James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Yes, you can potentially sue Amazon if you worked a shift and have not been paid for it - but a labor board complaint would be better. Here are a few things to consider:

- Document everything. Keep detailed records of the dates/times you worked, who you spoke to, etc. This will support your claim.

- Send a formal written demand letter to Amazon detailing the unpaid wages and requesting payment by a specific date. Send it certified mail.

- File a wage claim with California's labor department. They will investigate on your behalf.

The key is having solid evidence you worked the hours and were not paid. If you have that, the law provides protections and avenues to recover unpaid wages. Proceed methodically through each step above before considering legal action.

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