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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I am currently in talks with my employer about OT not paid.

Resolved Question:

I am currently in talks with my employer about OT not paid. They requested that I give them another 3 weeks to determine if they will pay the OT or not. this has been going on since June. Can I quit with good cause because of non payment?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

You must typically exhaust your remedies before seeking unemployment benefits after quitting, or the commission is likely to deny your application for unemployment benefits.

Since the state is quite effective about collecting overtime owed to employees, you should typically file a wage and hour complaint to initiate an investigation and collection of the wages allegedly owed.

If the employer terminates you for filing the complaint, then you would normally be entitled to unemployment and could seek lost wages and benefits through a suit for retaliatory discharge.

Here is a link to file a wage and hour complaint:

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