Fired for Telling My Employer I Am Filing a Wage Claim
My question involves labor and employment law for the state of: California
On December 5, 2013 I told my employer I was filing a wage claim for every day I did not get a break and that I needed my records.
She asked me "When were you not given your break"
I said "Every day I worked 5 to 1"
She said "So you weren't given your lunch break?"
I said "No I was not given my 10 minute breaks"
She said "Why didn't you tell anyone about this?"
I said "I did, I told you about this and you said thats not how things work here"
She said "You only worked 4 hours that day"
I told her "Under California Labor law section 226, it states any employee who works over 3 hours and 30 minutes must be given a 10 minute break"
After that she refused to talk to me.
I waited 5 days, still did not hear from her. So I dropped off a letter to another employee and asked her to give it to my employer.
The letter just stated I requested my records on Dec. 5th, 2013. And to please have them mailed to me on or before Jan. 5th, 2014.
She then called me to have a "chat" with me. I went down to talk to her and she told me I was being fired for "not following instructions, not being a team player, and my register being short" None of which are true. After that, she gave me my final check and told me that she mailed a request to the local office and my records will be mailed to me.
I have many witnesses that work at my ex-job that can corroborate my story.
I was wondering how to go about filing a law suit against my employer.
I understand I can file a retaliation complaint found here
http://www.dir.ca.gov/dlse/DLSEForm205.pdf
But should I wait to do that until I have filed my wage claim? I can not file my wage claim until I get my records in the mail.
Re: Fired for Telling My Employer I Am Filing a Wage Claim
You file the retaliation complaint as part of the wage claim. And no, you don't have to wait for your records. You send them IF they're available. If they're not, the state will get them directly.