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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 39018
Experience:  Retired (mostly)
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I will need an attorney. That will draft and send a demand

Customer Question

I will need an attorney. That will draft and send a demand letter to My employer. My identity can not be disclosed. The letter will be for not paying overtime for it's alternative work schedule employees. The appropriate california labor laws will need to be refrenced. I have a good employer but they need a chance before formal legal action is taken. The alternative work schedule was voted and implimented appropriatly. 3 12hour and 1 6hour work days per week. Problems: not paying o.t. for working over on the 6 hour day. Not paying the 2 hour call in pay for alt. schedule employees. And changing shifts too often. All work for hours outside of the schedule established are to be paid at the oppropriate premium rate. Some employees are being moved on and off the alt. schedule to 8 hour and back again. The alt. scedule to be valid must be for the entire work group or unit.
Submitted: 6 years ago.
Category: California Employment Law
Expert:  socrateaser replied 6 years ago.
Hi,

No one here can represent you directly -- whether in or out of court. We "justanswer" questions about the law.

That said, if you believe that you are being subjected to employment in violation IWC Wage Orders (e.g., 7-2001 3 (B)-(D)), then you can simply file a complaint with the DLSE, and by doing so, you will be protected from retaliation by the employer.

Hope this helps.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!


Customer: replied 6 years ago.
Relist: Other.
I specified the need to draft and send a demand letter. Telling Me You can't is of no value.
Expert:  socrateaser replied 6 years ago.
I didn't just tell you that I can't send a letter. I told you what you could do in order to resolve the problem, and why you don't have to worry about disclosing your identity.

Moreover attorney is going to send out a letter for an anonymous client, because it exposes the attorney to claims of extortion or champerty (creating a lawsuit where none previously existed), which is a crime in California.

The point is that what you want you can't get -- not here nor anywhere else, in my opinion. However, you do have a helpful answer that resolves your legal question. And, that is all that I can do for you in this forum.

Best wishes.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!

Customer: replied 6 years ago.
Even the dlse recomends action before filing a complaint.It has been My experance that although the law provides protections. Employees are terminated after filing. Always for reasons not related to the complaint.apparently anomious won't work. I can have a former employee send the demand letter. At minimum i would need the violations checked for validity. and how they should be represented in the letter. There must be a simpler way of advising the employer of possible violations and suggest they review their policys.
Expert:  socrateaser replied 6 years ago.
I can have a former employee send the demand letter. At minimum i would need the violations checked for validity. and how they should be represented in the letter.

A: If you want me to review the proposed letter, then post it. But, I can't write a final draft for you. That is beyond the scope of services permitted in this forum.

There must be a simpler way of advising the employer of possible violations and suggest they review their policys.


A: My experience is that employers don't care what their employee think, until it actually affects the employer's botXXXXX XXXXXne (or, unless the employee expressing an opinion has discretionary authority to act on his/her own opinion -- e.g., executive management). This makes complaints to the employer from a "line" employee generally futile.

Which is why their is a government agency and private employment rights attorneys: to put a stop to violations of law. I understand your perceived need for anonymity. But, until you come out from behind the curtain, no one will take your complaints seriously, because there is no [dis]incentive to do so.

Best wishes.


And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!