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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27881
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I quit my job in Feb. 2012 due to extreme stress, workload

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I quit my job in Feb. 2012 due to extreme stress, workload and mismanagement from my superiors. - It appeared that I was set up to fail and was clear to me that it was only a matter of time before I was to be let go, (I witness similar situations with other employees). Due to my workload I was unable to take 4 days of my vacation. I averaged 45+ hours/week, (my salary based on 40 hours). Management fought my unemployment insurance claim and won, (I was too stressed to attend a face to face meeting with my former employer). My blood pressure was 185 over 148 at times and I spent a day in the emergency room for same. My anxiety and blood pressure are getting better, but I'm still suffering from the experience, especially with sleeping. I have a new job that pays less and triple the commute, but no stress and much better management. Questions: 1. Do I have any recourse with what I've stated above? 2. If so, please briefly explain. 3. Statute of limitations...? -- Thanks very much.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good afternoon Keith,

I'm Doug, and I'm very sorry to hear of your situation.

It appears that you quit based on a proper justification---that of a situation created by your employer.

While you don't have any sort of a meritorious claim for constructive discharge---unless you can show that you are discriminated against based on your Ethnicity, Color, Religion, National Origin, Gender or Disability, if you have any continuing medical issues you feel are related to the stress you underwent at the job, then there is still time to file a workers' compensation stress claim.

There is in CA a one year statute of limitations for the filing of a workers' compensation claim that you need to be aware of.

Additionally, you should have received payment for any unused vacation time you had available at the time you resigned. You have at least 2 years and perhaps as many as 3 years to file a claim for that, if you were no paid on termination.

You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me.


Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time in assisting you. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and contact me with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to address your concerns to your satisfaction.

I wish you the best in 2013,

Doug

Customer: replied 1 year ago.

I've heard advertisement for getting compensated for overtime that was not paid, i.e. when a salary is based on 8 hours/day, but actual hours worked was 9. What is your experience/advise on this regarding my situation? - Very satisfied so far. Thank you./

Expert:  LawTalk replied 1 year ago.

Hi Keith,

Had you mentioned that unpaid overtime I would have discussed that issue with you. Please remember, unless you tell me the things you know, I have no way to know them.

If you were not a salary-exempt employee, which means that you are paid a salary and the employer has no legal obligation to pay overtime---then the employer was obligated to pay you for all hours you worked.

If you worked overtime for which you were not paid, then you may make a wage claim now and sue for your unpaid overtime back 2 years, or back 3 years if you can show that they deliberately did not pay you.

If you show they deliberately did not pay you, you may also recover liquidated damages. Under federal laws (FLSA), you are also entitled to what is called Liquidated damages. Liquidated damages is equal to the amount of back wages that they owe you and must be paid in addition to the wages themselves---so you essentially get double overtime wages in the claim based on their willful failure to pay you. http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

Thank you for your kind words. They are appreciated. Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug

LawTalk, Attorney
Satisfied Customers: 27881
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you

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