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Court injunction to force compliance? California

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  • Court injunction to force compliance? California

    I just received what was to be full and comprehensive payroll records from my previous employer. The primary reason I requested the records was to get full accounting on a gross $8k OT check for lunch breaks less than 30 mins...compensation which had been intentionally withheld throughout my employment and which I again demanded upon my resignation.

    The issue here is that my time clock records showed that lunch OT only came to a gross maximum of $2500 - $3000. Where did the extra $5k come from? The Office Mgr was visibly nervous when I asked for specific hours, dates, and the reasons for the adjustments for each pay period involved in the $8k check. [This keyed into further suspicions I'd had regarding other "over 40 hrs" OT which had been paid at the regular rate.]

    The continuing blatant refusal to provide full disclosure on the check only deepens my suspicions that the Office Mgr went back through my records and tried to cover up OT fraud. She is very aware of the consequences listed in Code 226.6. I know this woman extremely well...and I think she is shaking in her boots.

    The 21 day time limit to provide the records ends on 5/23/08. I will make a final very detailed request, including the check number, so she cannot claim she misunderstood the request. I want to tell her that I will file an injuction to force compliance if I do not receive the info by 5/23. Is this my best course of action? If not, what would you recommend?

    I will be very greatful for any help...

  • #2
    kali_girl: Is this my best course of action? If not, what would you recommend?

    I advise that you retain professional representation. The minefield you are walking through is fraught with traps for the unwary. You may want to pursue PAGA claims, BP 17200 claims, LC 203 penalties, LC 226 penalties, interest, etc. This is not a due it yourself project.
    Barry S. Phillips, CPA
    www.BarryPhillips.com

    IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

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    • #3
      I know the Labor Codes and just checked out the PAGA and BP 17200 claims. Could someone like Michael Tracy handle this? And are you specifically saying not to make a final request for a full breakdown of the check? Thanks, Barry
      Last edited by kali_girl; 05-10-2008, 04:10 PM.

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      • #4
        No... we are saying have your attorney ask for it.

        It is time to bring in the big guns.
        Not everything that makes you mad, sad or uncomfortable is legally actionable.

        I am not now nor ever was an attorney.

        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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