So to make a long story short, I worked as a marketing manager for my boss and his 3 companies, a construction company, a waste management company, and a consulting company, doing basically all of their internet advertising. After working there a year and a half mon-fri sometimes weekends 55+ hours every week never seeing a dime of overtime pay I am trying to find out what I can do about that. He fired me after I confronted him about trying to steal couple hundred dollars from me out of a deal I closed, so now I am jobless, 22, with a shitload of bills that need to be paid every month, and he still isnt gonna pay me that money. Any ideas on what I can do to be compensated as far as unpaid overtime? I never filled out a time card or anything like that because I was under the company as a independent contractor, which I heard is illegal on his part as well. My girlfriend is actually the office manager so I am sure I can get some sort of proof, but I wouldnt want to jeopardize her position....




Also! Anyone know of companies hiring in the San Fernando Valley? Or if you own a business my services might be very beneficial to you as far as bringing in business. Let me know!

 

If you are an independent contractor he does not have to pay you at an overtime rate *but* you are owed for all hours you work. If you worked 45 and only got paid for 40 you can bill him for those 5 hours at your standard rate. If he doesn't pay it you can take him to small claims court (as long as you have proof of the hours owed).

 

I'd say you should consult an attorney that specializes in labor/work.

 

The worst thing you can do at your age is to file any kind of suit against a former employer. If you are close to retirement, file all the lawsuits you want. These people talk and if you file an application at another company and they call your former employer he can tell them you sued him. I doubt they would be too interested in hiring you under those circumstances. I say just suck it up and start looking for another job.
Good luck in your search.

 

Were you hourly or salary? It makes a big difference in CA.

 

hourly rate

 

I call BS on people back talking about your previous work experience.
No employer that I know of are that stupid to do so.
They can only confirm your old position and work period. No comments about previous worker's performance and anything like worker comp. lawsuit etc.
That'll only bring more lawsuits (that's a guaranteed loss)

But that's what employers want employee to get.

The only thing preventing you from getting that new job, is when you rely on a small network (where employers/owners know each other).

 

basically hourly rate but with no proof because id be in the office from 6-5 but if id miss a day or something which happened like once ever he would cut my pay

 

It takes a key to the boss's car.

 

I see a car for sale thread on the horizon...

 

you can sometimes get a free consultation or a minimum $50 one that will point you in the right direction.

 

poor info... it is illegal for the previous employer to disclose that type of information that is NOT RELEVANT to the position... that will only get them sued AGAIN... that would be the best thing that could happen to the kid... talk about a quick pay day haha...

 

They don't have to get the information from the previous employer. Any suit filed is a matter of public record and anyone can access that information. And don't think for a minute that companies do not access that kind of information.

 

KornerCarver is both right and wrong, in my opinion. Filing a law suit as a young employee is not a great idea unless you have no choice...which some large Companies force you to do so there is a Workers Comp or Unlawful anything employment record. Therefore, the only suits you want to watch are the ones reported on the "index system" (which are for physical injuries) and unemployment.

Now KornerCarver is 100% right in that employers (usually only large companies) do check your financial, criminal and public record files for patterns, etc. That being said, most of them only pull lawsuit files if you have an odd/excessive amount. Also, the later post is right that they can only confirm that you worked there and the time period. If they give too much information and the other party rolls on them or is caught with information they could have only got from him, that's a whole new ball game....cha-ching! That is a major no-no.

As for your position on the termination, I highly suggest you contact an employment attorney. If you don't know of any attorney's that specialize in this area, PM me and I will give you a couple names of guys who are VERY good. The reason why you want to do that is you may only get one shot at getting compensated for what you are owed; and it sounds like you may actually be owed that money.

There are a couple of issues right off the bat that you may be able to use to negoatiate a settlement with your prior employer without even filing a suit. Based only on what you have listed here, I can see at least 2 possible labor code violations. Also, he has to treat you and qualify you as an independent contractor, not just call you one. He has to meet a certain criteria and it must be by contract; something most employers don't realize. Hell, there are a host of things you can do wrong as an employer without even knowing it or doing it on purpose.

As an employer, I would hate to have to reply a Dept. of Labor of inquiry and a former employee claiming unfair or bad faith business practices. Defending myself from charges that might be true would cost me more than I would want to think of, let alone the penalties if I was found to be in violation on top of the payment of a settlement if I was not insured properly. I am not suggesting that you extort money from your prior employer. I am saying that asking for what is due a different way sometimes yeilds better results.

Lastly, keep your girlfried out of it. Don't mention her name or let her become involved. Fruthermore, tell her to stay out of it and don't even bring it up. She may be retaliated on by the employer, but then again, that would be a stupid thing to do. She would have a hostile work environment claim against them if they did choose to lean on her.

Let's see how this one plays out.....Good luck!

 

If you were truly an hourly employee, especially as an independent contractor, time sheets would have been absolutely necessary. It sounds like you were being paid a straight salary - 40 hour X $$/hour.

In 20+ years of doing that kind of work, I have always had to submit time sheets for the hours worked unless the job paid a fixed per-monthly amount.

You're going to have a hard time proving you're owed for more than 40 hrs/week without documentation. It's going to be your word against his and it's going to cost you $$$ to retain an attorney to prove otherwise.

Good luck but I see a long uphill battle ahead.

 

Great points Dave. I was going to lean that way with what I was saying, but it assumes a couple of things. That is why I said the employer has to meet some criteria for the independent contractor title to be valid. Otherwise, he basically an employee. The issue of an employee handbook could be an issue, as well as documentation at the time of hire.

Now just because the employer does not require him to turn in time cards or an accounting of his work hours, that doesn't mean he doesn't have an accounting somewhere that can be produced. Because if he does, than the preponderence of the evidence would seem to be with the person who kept the records. Furthermore, the independent contractor agreement that may have been signed would be very important to review. If there is no contract, the benefit of the doubt would be with the "employee" in CA.

CA is a "back the truck up" state and almost always gives the employee the benefit of the doubt. If there is no contract, the courts go by what they intepret is the working condition and circustance, not what the employer thought things were suppose to go. The court does that because at the end of the day, the "offer of employment" was ultimately with the "employer" and it was up to him to define the parameters of the job.

In either case, like Dave said, the $$ can be expensive. As my tort law prof. always said, "The only sure thing about a trial is the cost." However, it goes both ways if you have a strong case. Hence, my suggetion to seek the advice of an employment attorney. You may possibly be able to negotiate a settlement if the employer didn't have his ducks in a row.