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Providing Documentation to an ex-employer? California

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  • Providing Documentation to an ex-employer? California

    I just filed a wage claim at the DLSE for the premium pay due for being required to be on-duty during my lunches and mandatory meetings that I wasn't paid overtime for.

    The company is requesting all my documentation as part of their "investigation". I don't understand why they need this from me when they are supposed to keep payroll records themselves. In addition I have some documents that prove that I was on-duty during my meal breaks.

    The DLSE told me to make copies of all my paycheck stubs for the company for the conference but I don't know if I should be providing these documents to the company before then.

    Do you think I should give them my paperwork before the conference to expedite everything?

  • #2
    I don't think you have to provide anything to the employer, unless you are using it as evidence in the conference. What type of documentation are you talking about specifically?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Testing your paperwork and claim

      Originally posted by boca View Post
      I just filed a wage claim at the DLSE for the premium pay due for being required to be on-duty during my lunches and mandatory meetings that I wasn't paid overtime for.

      The company is requesting all my documentation as part of their "investigation". I don't understand why they need this from me when they are supposed to keep payroll records themselves. In addition I have some documents that prove that I was on-duty during my meal breaks.

      The DLSE told me to make copies of all my paycheck stubs for the company for the conference but I don't know if I should be providing these documents to the company before then.

      Do you think I should give them my paperwork before the conference to expedite everything?

      Your former employer might make the argument that you have been paid for all your hours that you submitted and signed the payroll period for. Their attorney probably will fight your claim to avoid “opening the flood-gate” from your former coworkers for similar claims.

      You should consult an attorney in this matter within your State and possibly be represented by an attorney at the upcoming hearing before DLSE.
      I am not an attorney. My personal opinions are not legal advice.

      "The only thing we have to fear is fear itself." --- Franklin Roosevelt

      The ultimate measure of a man is not where he stands in moments of comfort and convenience, but where he stands at times of challenge and controversy. --- Martin Luther King Jr.

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      • #4
        I only clocked in and out at the beginning and end of my shift but never was required to sign anything confirming that these were the hours I worked. Besides, I never clocked in our out for lunch ever even though I am an hourly employee.

        I will be using as evidence, all my pay stubs and a copy of the write up where I was disciplined for dozing off for a few minutes while I was eating. It was stated in my write up that due to the fact I was the only on-duty supervisor I must keep myself available. All managers are required to stop eating and attend to customers or other employees. That is why they pay for the 30 minute lunch. I also have other e-mails where we were told that it was our responsibility to attend to customers at all times we are on the clock.

        I haven't told the company what documents I have to establish my claim that I wasn't relieved of all duty during my meals. I just find it weird they want copies of my documents when they should have everything in their records.

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        • #5
          The employer should have their copy of the documentation which will serve as their proof/evidence. Unless I am mistaken the burden falls to them (the employer) to prove the claim is not legitimate.

          Personally, I would seek an attorney's assistance and not provide the paperwork unless the attorney advises you otherwise. Regardless, KEEP YOUR COPIES! Make photocopies for anyone requesting paperwork.
          Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

          I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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          • #6
            Thank you for the quick response. I think the company wants to know what I have on them before the conference so they can think up a defense. I really don't know what they could defend about. I never clocked out, was expected to work, and didn't get the premium pay for it.

            Now, I get a call from a friend that still works there to tell me that my replacement is telling people he thinks I was involved in the two burglaries that we have had over the last year. The whole thing is getting ridiculous.

            Comment

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