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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 101335
Experience:  Years of experience in running a medium sized law firm.
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I have Not been paid worked - accumulated to 50+ hours

Customer Question

I have Not been paid for Overtime worked - accumulated to 50+ hours (I did submitt evidence of Overtime worked to my employer)
It was ignored .
Further I was in a management training program to run a retail convenience store (I was pulled out without having been certified). Being a away on assignment from the company for one year) Thereafter I was assigned to run a retail convenience store - which was a troubled / red flag / called high shrink store. The store also has a lot of mgmt trainees in the store that contributed to many mess ups . I'm bring blamed for it ; got suspended & am getting terminated. What can I do to ? To sue for the company's mistreatment to me & their unstructured ways - now allowing them to terminate me . My boss claiming because human resources had to get involved because employee complained about me cutting their hours & loss prevention / asset protection getting involved because my boss asked me to follow his direction that caused a red flag & he had to walk it back to try to cover himself - my boss said to me that it is / was a hassle - that's why I'm getting terminated. ( I have never received a written disciplinary write up regarding that issue - mainly because I did nothing wrong & they knew it )
Plus my boss said "chinese are shit" their products are shit " in front of & witnessed by others .
I'm of chinese descent .
How do I go about suing the company for their wrong doings ?
I know this is a lot of things , issues all at once to be submitting .
I appreciate your advice that you can offer
Thank You
Curt Li ***@******.***
cellphone: 626/975-9807
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ely replied 11 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. 1) If someone in your situation has been terminated, but still not paid for past overtime, then someone in your situation may wish to consider filing an official wage claim with California's Dept of Industrial Relations. See HERE. This is how most individuals settle wage claims. The matter is then resolved via an administrative arbiter, and can be appealed to the appellate level and then to the court if the outcome is not what you wish it to be. 2) An employer generally has the right to terminate an employee FOR ANY REASON. The only reasons one cannot be fired for are:-PUBLIC POLICY (discrimination based on race, religion, creed, etc; or, a retaliatory termination due to a claim made by an employee); or-CONTRACT POLICY (if one has a contract that disallows such a termination)-COVENANT OF GOOD FAITH (firing an employee to avoid paying a benefit, for example)Otherwise, an employer can terminate for any reason, without notice. It can be based on a mistaken rumor, or, just the fact that they do not like your shoes one day. You will hear "right to work" a lot. However, that does not mean what people think it means. All this means is that at time of being employed, the employee has a choice whether or not to join a union as a condition of employment. Ergo, unless it was for one of the above (which it does not sound like it, but if it was reply and let me know), the company may terminate you even if they have their facts wrong. 3) However, one still can and should strongly consider pursuing the wage claim. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 11 months ago.
To Ely , upon doing more research of my situation , I'm finding that I can take legal remedies against my employer for their wrong doing .(as oppose to going to the labor dept as you suggested to fight for my money & hours owed to me which my employer cheated me out of. My employer should be legally punished for that .
I like a refund of my $46
Sorry ElyThank You *****
Expert:  Ely replied 11 months ago.
Curt,If you were terminated because of individuals under you that you managed made mistakes, the employer is allowed to do this. They do not owe you as second chance and can terminate you for lack of improvement of you or your subordinates (trainees or not). Good luck with your legal pursuit.

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