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Overtime: Quit or Keep Quiet

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"I worked at a medical practice in San Bruno, CA for almost seven years and was paid hourly. Some of us worked a lot of overtime, sometimes more than 50 hours per week, but I was never paid overtime," says Frances of Stockton, California. "One employee was terminated so the doctors could avoid paying her overtime and they told the rest of us that if we didn't like it, we could leave."

"A new doctor came on board about one year ago and partnered with the existing doctors. The practice hired a new accountant (we found out that the accountant we had used for more than 25 years was "let go" because he was too honest with his work) who instructed the doctors not to let any employees work overtime. Before this new doctor arrived, about five of us regularly worked overtime. None of them work there anymore and I was the only one left up until recently, then they let me go, just before I mentioned to a co-worker that I should have been getting paid overtime all these years. I guess she told the doctor that I complained. One day the doctor took me aside and asked me to cut my hours back to 15-23 hours per week.

I asked them why I couldn't work my regular 40-hour week. They came up with the excuse that I had missed some days. I had to go to the hospital a few months ago and took about four days off due to sickness, definitely not enough to warranty letting me go. I was always dependable, plus I commuted three hours per day and didn't get paid for that. I didn't even get paid when I helped them move offices. As it turned out they had already hired two young girls part-time, neither medically certified to be a medical assistant; in fact they didn't have any qualifications whatsoever. But they were getting paid a lot less than me with no insurance benefits.

They took advantage of me for a long time. Eventually I became stressed out because if I didn't do all this work I don't know what I would have done. They fired the last woman I worked with due to downsizing, but two weeks later another part-time girl was hired. I know she was fired because she also worked overtime.

I did a lot of work over and above my duties. I never took lunch on Fridays - instead I had to write reports for three doctors for the whole week and worked straight through. So they also owe me meal breaks - that's a whole lot of Fridays that I missed lunch.

I cannot live on 23 hours per week. The doctors already had the documents ready for me to sign when these hours were offered to me - in other words they knew I wouldn't accept. They tried to have me sign three papers:

• 1st form: Agree to work these hours. I said no.

• 2nd form: Acknowledge that we just spoke about their offer, i.e. offering me so many hours per week. I said no, I am not signing anything.

• 3rd form: One of the doctors followed me back to my desk and said 'Can you at least fill this form in, put your name and address here and sign it so we can send you a check.' I said no -- my address is in the computer and it hasn't changed. I told them to mail my check within 72 hours.

Thanks to this website I connected with a law firm that is helping me to pursue this claim and other issues. From the complaint I filled out at lawyersandsettlements.com, a lawyer recently contacted me. I am going to pursue legal action because I am entitled to overtime and I was forced to quit."

California Overtime Legal Help

If you work in California and you feel that you are owed overtime pay, please contact a lawyer involved in a possible [California Overtime Lawsuit] to review your case at no cost or obligation.
Click here for a free evaluation
or call 1-888-286-9881

READER COMMENTS

Posted by

on
Hi I been work for company call jc cleaned service in San Carlos CA I always work 52 o 56 hours per week I never get any overtime pay hour and some of the other worker have same problem but no one wants to said nothing I would like to known what I can do for me and for the others workers thanks you for reading this

Posted by

on
I'm working for 8 years in Clarks company I'm Store Manager And I'm salary i
I'm working 44 hrs per week they don't pay me overtime because the policy of the company I'm salary MY question this is normal o legal

Posted by

on
Me gustaria saver si puedo aser algo por q el patron no nos paga tiempo extra ni hora de comida vacasiones y dias feriados el problema es q paga en efecribo me gustaria saver si tengo algunderecho sobre mi tienpo extra q me deve

Posted by

on
He trabajado por mas de 10 años en la compañia de limpieza llamada Building cleaning sistems , por años trabaje hasta 18 horas diarias y solo se me pagaba tiempo regular nunca overtime porq la compañia asi te lo hace saber desde que entras solo recibia vacaciones si yo las pedia y sin goce de ningun beneficio hasta la fecha desde el 2009 no tengo vacaciones mucho menos puedo pedir que se me pague overtime porque si lo hacia me decian que le daria a alguien mas esas horas mi pregunta es que hago......

Posted by

on
Durante 1 ano y 7 meses de trabajo me fue negado el hacer overtime debido a mi solicitud y mi pregunta de porque se me ha negado durante ese tiempo mi seguro medico departe de la agencia de trabajo Resource y destacado en le chef bakery al informar de esto a recursos humanos en le chef comenzó a ser acosado de diferentes maneras para renunciar : horas extras ; mi trabajo no servía ; que me des pedirían si decía algo o si reclamaba sobre las horas extras ; que mi loción ya no la usará que contamina a el producto etc.mi trabajo era de dishwasher no en producción . Gracias

Posted by

on
Si es normal.. No te sigas quejando o te despido. Te estoy vigilando.

Posted by

on
Es legal que mi patron me haga trabajar los domingos sin pagarme tiempo extra?

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