What is the name of your state (only U.S. law)? CA
Hello. I currently have a claim for wrongful termination making it's way through the California Dept. of Fair Employment. Can someone tell me if I can also file a claim with the CA Industrial Relations Board while the DFEH case is being investigated?
I was speaking with an attorney last night and after we discussed my wrongful term issue, he brought up something out of the blue. He asked, by the way, did your employer do anything like make the employees clock in after their scheduled start time. Actually, yes. What they did was transition a while back to a time clock that you had to log into from your workstation (instead of the old on the wall clock with a swipe card). Around that time, they also announced that we had to be at our desks at our scheduled start time (mine was 5:30am). But, we were not allowed to turn on our computers until exactly 5:30am. The computers took anywhere from 3-5 minutes on average to boot up (sometimes as much as 7-8 minutes for some reason). However, until they booted up and we logged into the system and pulled up the time clock online application, we could not clock in. So every day, everyone would lose this time!
I realize it's not much time, but with everyone involved, it could be saving the company a lot of money... does anyone know how compensation is figured out in this type of case? I remember an employer not giving us a full lunch break or second break at all, and through a complaint, I ended up getting one hr. pay for every day worked that they failed to give a lunch... or is it just the actual time you're out?
Also, the attorney said I should call the employer and request my time cards for the time periods in question. But they would only show a two week total of hours, but not the actual clock in times. Can I actually request my time cards and a printout of clock in times for every day since that policy started? What if they refuse to provide them? How much time should I give them to comply with such a request? If they do not comply, can a complaint be filed, even though it's speculation? Several other people complained they felt they were losing time daily due to this policy.
Thanks for any help!
Hello. I currently have a claim for wrongful termination making it's way through the California Dept. of Fair Employment. Can someone tell me if I can also file a claim with the CA Industrial Relations Board while the DFEH case is being investigated?
I was speaking with an attorney last night and after we discussed my wrongful term issue, he brought up something out of the blue. He asked, by the way, did your employer do anything like make the employees clock in after their scheduled start time. Actually, yes. What they did was transition a while back to a time clock that you had to log into from your workstation (instead of the old on the wall clock with a swipe card). Around that time, they also announced that we had to be at our desks at our scheduled start time (mine was 5:30am). But, we were not allowed to turn on our computers until exactly 5:30am. The computers took anywhere from 3-5 minutes on average to boot up (sometimes as much as 7-8 minutes for some reason). However, until they booted up and we logged into the system and pulled up the time clock online application, we could not clock in. So every day, everyone would lose this time!
I realize it's not much time, but with everyone involved, it could be saving the company a lot of money... does anyone know how compensation is figured out in this type of case? I remember an employer not giving us a full lunch break or second break at all, and through a complaint, I ended up getting one hr. pay for every day worked that they failed to give a lunch... or is it just the actual time you're out?
Also, the attorney said I should call the employer and request my time cards for the time periods in question. But they would only show a two week total of hours, but not the actual clock in times. Can I actually request my time cards and a printout of clock in times for every day since that policy started? What if they refuse to provide them? How much time should I give them to comply with such a request? If they do not comply, can a complaint be filed, even though it's speculation? Several other people complained they felt they were losing time daily due to this policy.
Thanks for any help!