My former employer claims that I didn't work anymore hours after a certain date. I am very certain that I did because I was in food service and the tips that week were non-existent so I worked 8 -10 hours for $3.67 and hour for three days before I quit.
The Labor Board can't get involved until after a company has been in business for at least 1 year. They are 4 months short of that and on general principal I'm not willing to give this up.
I have no actual proof other than a very good memory and a pocket sized calendar with a penciled in schedule that included tips made along with bar tipout paid.
Is this enough evidence (other than perhaps statements from my mother and sister when I was complaining about not making any money that week) to win a Small Claims case against them?
2007-10-21 03:26:27 · 5 answers · asked by berecca 2 in Business & Finance ➔ Other - Business & Finance
hard question
2007-10-21 03:50:55 · answer #1 · answered by !!!!!!!!!!!!!Roshan!!!!!!!!!!!!! 2 · 0⤊ 1⤋
In cases like this, your personal record of some kind will likely be sufficient. If you have a notebook or something where you kept your tip income REGULARLY during your employment will suffice. If you just jot down the last few days where you didn't get paid, THAT will not be sufficient. You have to show the court you kept a regular record; therefore, it is a reliable record.
Your penciled in calender can be an evidence if you have been doing it on regular basis.
Your mother or sister will be a "hear-say" evidence and it is NOT usable, unless you can collaborate it with something else, such as, you canceled an attendance to an event or something due to a conflict with your work schedule.
If one of the customer or co-worker can attest to your presence at the work place, that is sufficient.
I agree that this is waste of your time, but if you are doing it for the principal, remember, if you are overwhelmingly right (meaning the court agrees with you 100%), you are entitled to the court fees and costs on top of your damage.
I am NOT an attorney. I am speaking from my own experience from filing a small claims court case in the past. Please do not take this as an legal advise.
2007-10-21 04:01:35 · answer #2 · answered by tkquestion 7 · 1⤊ 1⤋
In case that's suitable to everyone, now. interior the state of California: in case you walk off the activity, you're entitled to all your reward and money earned up until the time you abandoned your activity. Your company has until your many times scheduled pay day to offer your very final examine and make it obtainable to you interior the comparable way as you had won fee previous to termination. So, while you're surpassed a examine at your table, then on pay day, your very final examine would desire to be obtainable on the workplace. whilst your organization has no criminal accountability to mail your examine, the craze now could be to keep away from having workers lower back interior the artwork place. If, on the different hand, an worker is terminated, lower back, interior the state of California, it works like this: As you're being surpassed a handbook examine (including a minimum of two hours of pay on the day of termination) the corporate can tell the worker that they at the instant are not employed.
2016-11-09 02:28:39 · answer #3 · answered by lizarraga 4 · 0⤊ 0⤋
Sometimes a good hard threat to your boss letting him/her know that you are not going to back down and intend to pursue legal action will suffice in netting you your due pay, however, I wouldn't actually go that route as it would probably cost you more than you would get back.
2007-10-25 04:38:43 · answer #4 · answered by Sally Jo 2 · 0⤊ 2⤋
If the max you're out is $36, I wouldn't bother with it. You may need the money, but you're just going to be wasting your time especially since you have no proof.
Your time is too valuable to waste chasing after $36.
2007-10-21 03:37:46 · answer #5 · answered by airjarrod 7 · 0⤊ 2⤋