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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27252
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I was terminated from my job for violating company polkicy

Resolved Question:

I was terminated from my job for violating company polkicy after 18 years of perfect service to my Company, I informed my Company that I would like to be paid my 130 hours of "COMP" time that is owed to me. I informed my former supervisor that I was sending a letter to my former company of this, his quote was "Go ahead it will get me into trouble but do what you need to do". I just received a letter from my old company which stated they knew nothing of this comp time and counter offered me an amount lower that what they oew me and want me to sign a Release form that states shoukld anytning else arise, that I would not be entitled too or file for, including anything to do with Labor Board. etc. They gave me 10 days to accept their offer which ends on the 29th of June. I want what is owed to me and am tired of being bullied by them. It is a non-profit orginization. Please help, there are alot of other issues that are going on with this company.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,

I'm sorry to hear of your dilemma.

CA treats comp time just like PTO/vacation time, and under the laws of the state of CA, you are entitled to be paid for all of your accrued comp/PTO/vacation time immediately upon termination from your employment.

The offer is an attempt to cheat you and you do not need---nor should you agree---to go along with this apparent attempt to circumvent the law. CA allows you to sue in small claims court for up to $7,500 and that may be the place to start. The employer owes you payment for all 130 hours.

At the same time, I'm pretty sure that the CA Department of Labor (DOL) would be very interested in knowing what the employer is trying to do---again, as this violates the law. The DOL can even assist you to get the payment that you are owed---so you might consider this route before considering a lawsuit.

I wish you the best in 2011, and success in this claim.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Attorney
Satisfied Customers: 27252
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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