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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I left a Fortune 500 Company over 8 months ago to be a Sales

Resolved Question:

I left a Fortune 500 Company over 8 months ago to be a Sales Engineer based on a Sales Engineer Requisition and interviews with the company's management reiterating the duties on the requisition.

I have only been doing about 10% of the duties listed on the requisition I was hired for and the company has me listed as an exempt salaried employee demanding 50+ hours a week. Meanwhile, my boss is still performing the Sales Engineer duties and isn't relinquishing the duties and accounts I am supposed to handle

I've tried to speak with my boss several times about the requisition I was hired for, and he has promised me training and introduction to the accounts i should have been handling once I was hired. He's been irate with me and is now threatening to replace me.

I know it isn't illegal to be a jerk and set up an employee to fail, but I know for a fact I shouldn't be expected to work 50+ hours a week without overtime just because I'm a salaried employee. The daily duties I perform do not qualify me to be exempt. The trumped up title and duties on the Sales Engineer Requisition do not match what I actually do on a daily basis and there are several other co-worked that I believe are misclassified so the company can make them work over 40 hours a week without paying overtime.

I feel that I was mislead to leave my previous company and I also feel that they are now trying to get rid of me.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.

Hello and welcome to JustAnswer.

If you believe that you've been wrongly classifed as an exempt employee so your employer can avoid paying you overtime wages, you can file a wage claim with the Department of Industrial Relations against your employer.

You can file the claim using the forms available here:

Customer: replied 5 years ago.
Hi Joseph,

I am aware of this and also the labor board because I'm not the only one in this situation. I tried to edit my question immediately after I sunmitted, but was unable to.

I meant to ask if I had a legal stance to sue for a false job requisition.
Expert:  Joseph replied 5 years ago.

Yes, you may be able to file suit for breach of contract if you were misled by the false job description into leaving your old job.

You can find an employment attorney online here:

I reccomend that you hire an attorney on a contingency basis so you only have to compensate the attorney if you receive a judgment or a verdict in your favor.

Customer: replied 5 years ago.
They're at the point of retaliating against me because I brought up wages/exempt classification. I was tempted to go straight to the labor board, but I don't know if that's a good idea if I'm making appointments to speak with attorneys to hopefully retain. Do I have to be fired before I retain an attorney?
Expert:  Joseph replied 5 years ago.
No, you don't need to be fired before you retain an attorney, and you can sue for retaliation if you are terminated or subject to other negative employment actions because you're making a claim with the Department of Industrail Relations.
Joseph and other California Employment Law Specialists are ready to help you