initially the owner of the company had agreed that he would meet with me discuss money owed later he has nothing for me that agrement says I get paid when they get paid and since I'm no longer with the company I am not entitled to commissions
If you have a written agreement that gives you the right to the commissions, then you have four years from the date of the breach of that written agreement to bring a lawsuit to collect those commissions.
It would be wise to locate and consult with an experienced employment law attorney as... Read more »
Hourly Employee
Fresno CA
25-35 hours a week
Only paid for time actually driving.
Not paid for time waiting on site for clients or fueling vehicle
8-12 hour days only paid for 6-9 hours.
What hours should I be getting paid for?
You should be paid for all time you are required to spend carrying out your job, including waiting time and refueling the vehicle. It sounds like you are losing regular and overtime pay.
You have options about how to proceed.
You can hire an attorney to demand payment and attempt... Read more »
i went a furlough back in March, My furlough letter states that i would keep my seniority with the company. They called me to go back to work but someoone else is doing my job my tittle was accounting assistant i was in charge of Payroll now i'm doing little administrative duties and HR... Read more »
Most people do not know this, but a furlough is the exact same thing as a termination in the eyes of the law if the furlough is for more than the length of the pay period. Your employer can state an intention to bring you back, but that is not an enforceable right. If the employer wants to bring... Read more »
Salaried employee in los angeles ca
work 60+ hours a week
asked to do overnights to watch dogs on top of regular days
are these overnights actually overtime?
A properly classified exempt salaried employee is never able to get overtime. You agree to work whatever hours are necessary to get the job done in exchange for the salary.
The question therefore is whether you are properly classified as an exempt employee. If not, then you should be... Read more »
Excellent Question. It is difficult to say what effect filing a BK will have on any pending payments. It may stop all payments that have not been completed. Before resigning you also have to consider other areas it may impact, such as your ability to get UI benefits. You should see what will... Read more »
The company never notified the employee. The set pay rate is 13.50 an hour. The hours had been worked. The employee has been assigned seventy hours a week.
The company pays 13.00 an hour for some hours and 13.50 for hours less than 40.
The overtime should be for any hours over fourty.
Your question lacks enough specificity to give you a reliable answer. Your employer has the right to change your pay rate as long as the reduction does not bring the rate below the minimum wage, and as long as the change is made only after telling the employee the rate is being reduced. Overtime... Read more »
I didn’t spend one penny of what I received after realizing I wasn’t eligible. I just want to return the money but I don’t know how since all EDD numbers won’t answer. Could I get in trouble for not knowing I wasn’t eligible? It was an honest mistake and don’t want to be treated like I... Read more »
You are going to either continue to try calling the EDD (people are getting through albeit with great effort and persistence) or go to the EDD office.
Good luck to you.
I didn’t spend one penny of what I received after realizing I wasn’t eligible. I just want to return the money but I don’t know how since all EDD numbers won’t answer. Could I get in trouble for not knowing I wasn’t eligible? It was an honest mistake and don’t want to be treated like I... Read more »
Contact EDD- Phone (very hard), in person (not so hard but time consuming), internet? (easy and not time consuming). Tell EDD that you received this money in error and you want to return it. If you go to the offices, be sure to keep copies of all the checks that you return to EDD in case they... Read more »
Hi,
I was in the US on a H4 visa and after 3 months of marriage my husband deserted me in India and went back to US. We are currently in the process of getting a divorce filled in india. Meanwhile my husband's H1B extension is due and he has showed me as a dependent in the said... Read more »
It sounds like you have primarily an immigration question. You should re-ask your question as an immigration question. This is the family law section. As for your question: How can he mention me as a dependent while we are clearly separated? Hard to answer this question. On what form is he... Read more »
My sister works for a major retailer. She called the police because she saw what she thought was something suspicious outside the store. The employer is now saying she could lose her job because of the person she called the cops on can go to the news or sue about being falsely called. This... Read more »
Unfortunately, almost all employment in CA is on an "at will" basis, meaning that an employer does not have to have "just cause" to terminate an employee, SO LONG AS the true reason for the termination is not one that it prohibited by law, such as reporting wage problems or... Read more »
I work in small office no windows no ventilation and really very little distancing and no safety measures .I have been working from home since March. They want us to all come back but someone tested positive for covid so they told us to wait . There is really no safety precautions and its a small... Read more »
Hope your daughter is well. No law will stop your employer from doing what it wants to, reference your job, you get protected by the Law after the fact of being terminated for a justifiable concern over contracting and spreading the CV to your susceptible family. There is the slight chance that a... Read more »
I've tried reaching out to them multiple times and they've either ignored me or promised to get back to me and proceeded to ignore me. It's not for much, a little over a hundred from each employer, but I paid money to take ubers to work while I was employed and I just want my money... Read more »
Sorry to hear you are going through this at this difficult time. Employees need all their wages just to buy the necessaries of life. Before going to the Labor Commissioner as Neil suggests, you should consult with an attorney that specializes in Wage & Hour claims for employees. There are a... Read more »
I was laid off then offered to stay with a new client, something went wrong with new client and I was told I would be transfer to another account keeping my site manager position. I accepted but when the time arrived I was told the client had decided to promote someone else instead and I was... Read more »
Your concern is justified. The EDD could disqualify you from receiving benefits up to 3 years, if they fell you falsified your claim, and the clerks that make this decision are overworked, understaffed and don't spend a lot of time on it. My first case was an Asian lady who was told by... Read more »
I have a doctors note saying I can return to work after having covid for 2 weeks. My employer is making it very difficult to come back to work. Can I sue my employer if they refuse to let me back at work?
The answer to your question depends on many things, most importantly, the reason why you are not being allowed to return. If business conditions have changed and your job has been eliminated or some other legitimate business reason can be proved for not bringing you back other than the fact you... Read more »
Recently, my employer had an internal opening for a full-time position.
Five part-time employees applied. Myself and another employee have over 18 months with the company.
I initially asked the direct supervisor of that department if this position was to replace a person retiring... Read more »
I am sorry you did not get the position. However, nepotism is not unlawful. It is perfectly legal to treat friends and family more favorably than other employees in the company. Now, if the reason you did not get the position was your race, or religion, or some other legally protected... Read more »
Under the labor code you are entitled to rest breaks of a net 10 minutes every 4 hours. And you are to have meal breaks of a net 30 minutes every 8 hour shift or part thereof; 2 meal breaks if you work beyond 10 hours. Rest breaks are on the clock and meal breaks are off the clock. There is an... Read more »
Hello! My wife’s work is currently understaffed due to COVID. They just recently reopened and she’s hired over a half dozen people, but she is still short for this upcoming July 4th weekend (she works in a largely tourism-based business and so is much busier on holidays). I’d like to help her... Read more »
Well, no. Private employers are not supposed to have "volunteers" that are unpaid. You won't be covered by Worker's Comp iif you get injured. You are legally entitled to minimum wage. In theory, the company could be in trouble. As a practical matter, if you go there as your... Read more »
We had bad issues at work so I gave one week notice to quit. They told me not to come back in until 3-5 @2:00pm. On final day-3-5-20 I also had a phone interview with the corporate office HR at 1:00pm. I waited at home for his call but he stood me up for my exit interview. I did not have the... Read more »
Sorry you are having this problem, particularly with Attorney employers. Under the Labor Code, the employer does not have the right to retain your property, and likewise, you are obligated to return theirs. It sounds more like you need a mediator or go- between. You might contact the local bar... Read more »
Calif PERB case challenging ruling of board local exclusive union has no duty to non memeber regardless if they know is misclassfied and placed outside union. I have us supreme court 1944 steele and Vaca but they still ruled no duty of fair rep DFR. Challenging in superior, now denied, and now... Read more »
Employees in a union shop come under the Federal Labor Management Relations Act, which is an extremely complex body of law. DFR means Duty of Fair Representation, and it is very difficult to show that a union breached such a duty, even though you may hear of cases that find this. You might want... Read more »
A foreign company (from Hong Kong) e-mailed me saying that they saw my resume online. They wanted me (U.S. Citizen) to represent them to contact clients in North America to collect outstanding payments. They said that it is not a full time job. However, they will pay me a fix amount every month... Read more »
This is a very common scam. Do not fall into this trap. People who have lost a great deal of money.
Good luck to you.
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