C
cynnovel
Guest
I live in California and recently lost my claim against a former employer who pressure me to resign, for final paycheck wait time penalty payment. I resigned (due to pressure) July 13th of this year, and was entitled to receive my paycheck within 72 hours. What I didn't know is that I needed to either physicall return to my workplace to ask for my final paycheck OR (because there was no on site supervisor) e-mail/write them my request.
Because my request was made via a message left on the company payroll's voicemail, I lost the case due to hearsay, ie the company representative claiming in a speakerphone that the staff person who would have picked up the phone messages does not recall mine.
Currently, I am trying to obtain the name of the company's carrier for the purpose of serving a subpoena to obtain their phone record on the day I called;
then filing small claim against the company and possibly filing an appeal to the Labor Standards Enforcement as well.
Do I have a case? How can I strengthen my case, and should I sue the person who pressured me to resign or the company? This individual was the person who hired me and her first comment during my job interview to me was inappropriately about my racial background. However, I accepted the job so I'm not sure I have a case against her on this matter and don't want to mix this issue with that of the wait time penalty fee. What should I do?
Because my request was made via a message left on the company payroll's voicemail, I lost the case due to hearsay, ie the company representative claiming in a speakerphone that the staff person who would have picked up the phone messages does not recall mine.
Currently, I am trying to obtain the name of the company's carrier for the purpose of serving a subpoena to obtain their phone record on the day I called;
then filing small claim against the company and possibly filing an appeal to the Labor Standards Enforcement as well.
Do I have a case? How can I strengthen my case, and should I sue the person who pressured me to resign or the company? This individual was the person who hired me and her first comment during my job interview to me was inappropriately about my racial background. However, I accepted the job so I'm not sure I have a case against her on this matter and don't want to mix this issue with that of the wait time penalty fee. What should I do?