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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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hello my name is XXXXX XXXXX i recently workec for a company

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hello my name is XXXXX XXXXX i recently workec for a company that made me work 106 hour in a week i did not get paid the over time i should have. he had me working 20 + hours a day. then h0e did not supply any of us with a place to sleep he expected us to sleep in our vehicles. i tryed to but i drove a chevy silveradao and i could not sllep in it so i decided to try and drive the 30 some miles home. i ended up falling a sleep behind the wheel and recked my truck i was just wondering if i had a legal leg to stand on and if so how do i go about getting paid for my hours and somexsort of compensation for my truck? thank you shane eckel you can e-mail me @XXX@XXXXXX.XXX
Submitted: 5 years ago.
Category: Legal
Expert:  Zachary replied 5 years ago.
Hi Mr. Eckel,

This really depends on what the situation was regarding your employment with the company. Were you employed as a subcontractor or as an actual employee? If you were employed as an actual employee, then you need to file a complaint with your state's department of labor or employment commission. If you were a subcontractor, then whether you have any cause of action against the company depends on the terms of your contract.

Very truly yours,XXXXX
Customer: replied 5 years ago.
i was a employee on a cash job but i have worked for this company for two years on the books. this just happened to be a cash job. what happens if i department of labor i dont understand how this will get me my overtime wages or comp for my truck
Expert:  Zachary replied 5 years ago.
Dear Mr. Eckel,

There will likely be some controversy over whether or not your are an employee. To determine whether you are an employee will depend on several factors regarding how much control the company had over you (did they manager your day to day work, or were you free to work as you wanted). It sounds like they managed your day to day work if the company was trying to require you to stay on site and sleep in your truck. So, you are most likely classified as an employee under California law.

As this is the case, you can recover pay for the overtime you worked. To do this, you need to file a claim with the California Department of Industrial Relations. You need to file a form, which you can download at the following website: http://www.dir.ca.gov/dlse/Form1.pdf .

You also need to contact the closest Division of Labor Standards Enforcement Office and talk to someone who will walk you through the filing process (this service is free). The office locations and contact information can be found at: http://www.dir.ca.gov/dlse/DistrictOffices.htm

When you talk to them, tell them: 1) you were an employee for the company; 2) you were being paid cash, 3) the company controlled the manner and method of your day to day work, 4) they worked you overtime and did not pay you, nor did they provide you with meal breaks. And you want compensation for this.

In regard to your truck, it is not likely that you will be able to recover from your employer for your truck. They have a defense against you for contributory negligence, and they likely did not owe you a legal duty in regard to the accident which caused the damage to your truck.

Good luck on the wage claim. Let me know if you need any further information.

Very truly yours,XXXXX
Customer: replied 5 years ago.
so the fact that my boss decided to make us work so long out of town and not provide us with a reasonable place to sleep effect coverage af my wrecked vehicle
Expert:  Zachary replied 5 years ago.
Essentially, the legal question is this: what caused the "proximate cause" of the damage to the vehicle. The legal cause or "proximate cause" was the fact that you fell asleep while driving. The law will say that you should not have been driving. I know this is difficult to accept, because you were trying to do the right thing and trying to work hard, but I do not believe you have any recourse to recover for your vehicles damages.
Zachary, Attorney
Category: Legal
Satisfied Customers: 4021
Experience: Lead trial/International commercial attorney licensed 11 yrs
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