Worked for nine months as a supervisor. Got a department into working order and started treatment for a bad back after insurance started.. Was let go after my second physical therapy appointment. Not paid for overtime work and have not received my final paycheck.
Hi Jason:
Sorry to hear about your situation. Your question begs a lot of questions.
For instance, with respect to your bad back, was it related to work (e.g., were you injured on the job) or not (e.g., it is an old injury that is not related to your job)? If it is work related, you may have a workers' compensation claim (plus what is known as a Labor Code 132a claim as a result of your termination). If it is not work related, you may have a disability/percieved disability discrimination claim. But more information is needed in order to determine if the law was violated.
As for the overtime work, it depends if you were an exempt or non-exempt employee. If you were non-exempt (or misclassified as exempt), and if you worked over 8 hours in a workday or 40 hours in a workweek, and were not paid at a premium rate of pay, you may be entitled to wages and penalites. More informatiion is needed with respect to your actual job duties and responsibilities in order to determine your status as exempt or non-exempt.
Lastly, if you were terminated, your employer was obligated to pay you immediately upon termination. If you have not received your final paycheck, you are entitled to your earned wages and penalties.
Regards, Mark
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