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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7339
Experience:  Significant experience in all areas of employment law.
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I was recently terminated from a company with which I worked

Resolved Question:

I was recently terminated from a company with which I worked for ten years. The final year of those ten was for a brand new owner who purchased the company when my original boss retired. I requested a copy of my personnel file by mail within a week of my discharge, and was surprised to find time cards and other expected documents dating back only to the date of ownership change. Is this lawful? Were I to file a claim with the labor commissioner for recovery of meal periods not being provided, can I go after the maximum three years (my understanding is that the purchase of a company includes it's assets AND liabilities), or is the new owner only liable for the year of his ownership?
Thanks in advance for any advice or input,
-Sam
Submitted: 12 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 12 months ago.

Sam,

Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question.

Fortunately, you are correct that new owners of a business assume all of its assets AND liabilities, meaning if a cause of action accrued against the business under its previous ownership, it can be brought against the business with its new owner.

With regard to payroll records, employers have a legal obligation to retain such records for at least 3 years. Moreover, the DLSE takes the position that if an employer fails to comply with this record-keeping requirement a presumption arises that the employee’s credible testimony of hours worked is sufficient to support a claim. It is then up to the employer to rebut such presumption with evidence to the contrary, which most employers who fail to maintain records don't have.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.

Patrick, Esq., Lawyer
Satisfied Customers: 7339
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you
Customer: replied 12 months ago.

Awesome, I'll be happy to.


-Sam

Expert:  Patrick, Esq. replied 12 months ago.
Thanks, Sam. I am glad I could provide some clarity for you here. If you have any followup questions now or in the future, please don't hesitate to let me know. Enjoy the rest of your evening and good luck pursuing your claim.

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