With the experienced, professional attorneys at Hogue & Belong Law, we are proud to say that we are one of the best employment law firms in San Diego, CA. We specialize in Wrongful Termination, Sexual Harassment, Sexual Orientation Discrimination & Age Discrimination.
The Cover Up
Reasons companies often give for firing employees are “You’re not being productive enough,” “You have too many write-ups,” or “We’re not making enough money.” Often times, this is just a reason your employer makes-up to cover up an illegal reason for your termination.
Other times, your employer cuts your hours, or makes things so difficult for you that you feel you have no other choice but to quit. This, too, may be illegal depending upon your circumstances.
Depending on your situation, you may have to act fast in order to preserve your rights. At Hogue & Belong, we will help you preserve and enforce your rights against your employer, in order to keep your employer accountable while helping to ensure that they never mistreat another employee again.
Alternatively, your employer might just let you go and then have you sign a severance agreement. The employer may tell you to sign it on the day of your termination, or, your employer might put some artificial quick deadline to try to scare you that the severance will not be available if you do not sign it within that timeframe. Severance agreements almost always include what’s called a “1542 Waiver,” whereby you waive any and all claims you may have for an employer’s illegal actions, and sometimes the employer’s severance agreements do not include provisions that are legally required to be included. So, be careful be you sign any proposed severance agreement proposed by your employer.
Wage & Hour Violations
Employees are often under the false impression that they are not entitled to overtime because they are paid a salary. Not so. Generally, if you can be told what to do by some superior, then there is a strong chance that you are entitled to overtime, and various other remedies.
Overtime is paid at 1.5 hours of your hourly rate – even if you are paid a salary and do not have a per se hourly rate. Normally, you are entitled to overtime if you work more than 8 hours per day, or 40 hours per week. You are also entitled to extra compensation if you work more than 5 hours without taking a lunch period, and 4 or more hours if you work without taking a 10 minute break.
Additionally, even if you think you are being adequately compensated for overtime, you might not be. Some companies have illegal time recording systems. For instance, if you “clock-in” and “clock-out” everyday and it always shows that you worked “8.5 hours” or “7.75 hours,” then you may be entitled to compensation due to illegal rounding practices.
Big companies and corporations, act illegally more often than you think, so that they do not have to pay overtime. The less overtime they have to pay, the more profitable these companies become. In other words, it is often profitable for companies to incorrectly pay their employees. That is why the State of California has recognized that the right to timely and accurate wages is an important public policy right. Our clients will tell you that the results we provide are why we are one of the the best employment law firms in San Diego, CA.