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Back pay and overtime after termination. California

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  • #31
    response

    Yes! I suggested the nursing home many times. The family had no problem with it either. However, the patient was not supposed live past a week much less four years and they felt it was not best for a person at her age to die in a strange place when something as imminent as her death could occur in the comfort of her home. Had they known she would have almost made it to 100, she would have been put in a home. Also, I was told much later that a concern about acclamation to a home due to her disposition was a factor in the decision to keep her in her home.

    I made mistakes about compensation, I see that. But, I did not quit because I sincerely felt responsabile for this woman. Now that she has passed, I am only trying to recoup a portion of what they never found the time to make right. No one disputes my commitment or the crazy amount of hours I worked.

    I get the impression that you feel I took advantage of this situation. Not true. I never wanted the job. Wanting to be paid for hours worked, or a fraction of the hours worked does not make me a bad person, or does it?

    Thanks for responding. Your input is enlightening and is helping to shape my actions. R.Bell

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    • #32
      I don't believe there's too much more constructive advice we can provide here. We appear to be going around in circles.

      R. Bell, if you believe that you are due back pay and overtime, your recourse is to file a wage complaint with the state. Please be prepared to answer some of the questions we have asked here. The state will decide whether you have asked for too much or not enough.

      Have a good day.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #33
        It's your decision whether to file a claim for what you believe are wages due & contend with questions & "possible" consequences of doing so.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #34
          response

          Thanks for all the input. The information and opinions expressed have given me more than one perspective from which to approach my issue. Also, I have a better understanding of how to convey information to a legal community. (which I think I did a poor job of) If I confused a contributor, Please forgive me. I tried to provide accurate information and appreciate all of help Posted to this thread.

          clearly, I should rethink this whole mess. More than likely, I'll have more questions and when I do, I'll be back here looking for answers.


          Sincerely,


          R.Bell

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          • #35
            Actually, we very much understand your situation and there's really nothing else we can say to you except:

            The only thing you can do now is to file a wage claim with the CA DLSE. However, if you choose to do this, you will be asked more than a few uncomfortable questions (such as "Why didn't you ask for more pay?" and "Why did you continue to work there for so long after it became evident you were working far in excess of what you were being paid for?"), and you will expose yourself to a possible investigation by the IRS.

            If you're OK with having to answer uncomfortable questions by a state regulatory agency, and if you're OK with being investigated by the IRS, then by all means file a wage claim with the CA DLSE. If you're not OK with either one or both of these situations, then don't file a wage claim with the CA DLSE.

            Really, it's as simple as that - file a wage claim or don't file a wage claim. (And you have been advised this at least several times.) There are no other options, including posting here. Posting here will not get you your back pay, nor will it provide you with any other avenues of redress. Period.

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            • #36
              And keep in mind that the character of the woman you were caring for (mean and nasty), her expected longevity, and all of the other qualifiers you've written about, have nothing whatsoever to do with whether or not you are owed back wages and overtime pay. Just letting you know this in case you think the CA DLSE will be interested - they won't be. All they're interested in is whether or not you were paid appropriately, and if you felt you weren't being paid appropriately, what you did about it.

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              • #37
                Last post

                This will be my last post on this matter due to a new development. The family in Germany has offered to compensate me for unpaid wages retroactive to two years. The offer is less than was seeking, but is not unreasonable. I am inclined to accept the offer and move forward.

                Also, I will make sure the appropriate agencies are notified so that all taxes and any penalties are properly deducted.

                Thanks to all who took time from their day to share their wisdom with me. The information I garnished from this forum has been immensely helpful.

                Have a nice day,

                R.Bell

                Comment


                • #38
                  If they're sending you money from Germany, you can pretty much guarantee they won't be deducting taxes etc. from it. (They probably wouldn't be able to even if they wanted to.)

                  What you do is complete and file a tax return and enclose what you owe in taxes with the return.

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