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I have been sued by an ex employee for rest breaks and OT…

I have been sued by...
I have been sued by an ex employee for rest breaks and OT issues. He was working for us for 5 years. After reviewing his time sheet since I needed to prepare that for submittal to my lawyer,I notice that my secretary made a mistake for 1.5 years on Overtime hours for this particular employee before discovering it. It was never mentioned to me and the secretary just corrected his mistake without letting us know. I believe it was an honest mistake. I know now that I owe my ex employee. It might be a significant amount approximately 480 hours which was supposed to be OT but was mistakenly placed as regular hours. I just found out now upon reviewing it. Would it be better to settle the case? Do I still have to submit those to the Ex-employee attorney before settlement? Or can i just offer a settlement figure so we dont have to dig thru it anymore? Am based in California.
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Answered in 5 hours by:
3/7/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,129
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

If you settle, you wouldn't have to submit the docs to the attorney, but chances are the the attorney would refuse a settlement without seeing the docs him/herself to determine what the actual damages could be in the suit.

You can certainly offer a settlement, but that will simply clue the attorney into the fact that there is something there to begin with, making the attorney even more interested in the actual documentation.

I think you have to be resigned to the fact that the attorney will want to see, and can compel the provision of, all of these documents.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 1 month ago
Thank you Atty Allen. Appreciate your advise.

No problem. Take care.

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Customer reply replied 1 month ago
Just a follow up. Since I just discovered the mistake, how do you normally resolve the mistake to the current employees that are affected. I dont want them to file lawsuits too.

You either have to notify everyone, telling them about the error and correcting it by notice now...or you just remain silent about it and correct the error going forward in the future.

There is no real legal obligation for you to correct the error. It is a typo and courts are not so hyper technical as to void PIP's, something that isn't even regulated in the first place, based on a typo.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,129
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month ago
I just need to prove its a Typo.

That's not terribly difficult if that isn't your company name presently, the person never worked for that company, etc.

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Customer reply replied 1 month ago
Hmmm. I dont understand. It was my secretary who made the mistake for years.

The point is that it is not difficult to prove error if there is no legitimate chance that the error was actually true.

If this employee had worked for another business you owned with that name and you were being accused of pulling over an old agreement from another business to try and apply to this business, that makes it more difficult.

If there is no evidence factually to show that the agreement could have been entered into relating to any other company, beyond just the typo itself, the court can easily recognize it as a typo.

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Customer reply replied 1 month ago
Thank you Atty Allen.
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Allen M., Esq.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,129
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Experience: Employment/Labor Law Litigation

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