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Subpeonas

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J

jpflyer

Guest
I am in California. I was fired for pregnancy (that's another case). I filed a claim with the Labor Commissioner in Ca for back wages where my boss had not paid me overtime that was promised me. I was a work-from-home medical transcriptionist. I was required to call in to a hospital computer system that registered me as logged in at the time I start work and logged when I completed each job and logged into the next job. I worked an extra day one week for approximately 5 hr of overtime. I was not paid overtime for it. When I went to the first Labor Commissioner meeting, my ex-employer pulled up the computer records and showed me starting a job 1 hr later than I had really started. I am assuming that she just asked for a later job and she is presenting it as if it were my first job of the day in order to look like she doesn't have to pay me overtime. I am in the process of using a subpeona to have all the records brought in for the whole week showing I worked the extra hours (the time card only shows commission which, by ca legal definition, I was not a commissioned employee). I need to word the request for subpeona to insure all records will be brought, not what they want to bring. Since I have no way of proving when I started work other than this hospital computer record, how can I word the subpeona to insure the whole period I worked is brought to court or prove if they don't? Thank you for any advice.

Pat
 


J

Jeff_488

Guest
jpflyer said:
...word the request for subpeona to insure all records will be brought, not what they want to bring. Since I have no way of proving when I started work other than this hospital computer record, how can I word the subpeona to insure the whole period I worked is brought to court or prove if they don't? Thank you for any advice.

Pat
You can say... all records, including but not limited to notes, transcripts, files, recordings, timecards, ect for the time peorid from..... to .....

They may try and charge you fees, research, copy, labor....

If it is not alot of money... do not pursue it, you will send more money and time than what you are tring to collect.



NOTICE: THIS IS NOT LEGAL ADVICE. I am not an attorney. Any and all information in this communication is solely personal opinion and shall not be considered legal advice.

If you think you need legal advice, seek the advice of an attorney.
 

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