Assistance ASAP! Boss fired me, wants my resignation signed.?
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Assistance ASAP! Boss fired me, wants my resignation signed.?
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Today, January 21st, 2010 my boss asked me for my "Resignation". I asked him to fire me and he refuses.
Recently I learned that salaried non-exempt employees like myself qualify for over-time and up to this date it would be a minimum of 800 unpaid hours of over time which is more than $11,000. This is based on 9 hours a day, but I sometimes worked 10 or 11 hours, and Saturdays which were paid regular. He said he didn't know, but to give him a rough estimate so they could give me the check. I know that once I give him the amount he will refuse to pay that.
He is willing to pay me my last two weeks and one weeks vacation.
Tomorrow I'm going in to clean my office. He expects me to sign my resignation and I told him I need to inform myself first, to which he said it's not necessary.
Please advise me. I'm not interested in suing them or making any trouble, but I do want what is fair.
My questions are:
1. Can he force me to resign?
2. Can he choose not to pay me overtime?
Any other information on what I can do next would be helpful.
Location: Los Angeles, California
Additional Details
All this information has been very helpful, including the links. I've reviewed everything, have my Initial Claim Form ready. I am returning tomorrow to review this matter with the owner.
They are asking for my resignation because "I don't turn in the work on time and I don't let then know it's not done". This is insane because I have two bosses and get orders from both. Last week I let them both know I wasn't turning in reports and I was behind because of other duties I was assigned, then I proceeded to provide a list. I have accounts receivable, deposits, credits, commissions, data entry, sales representatives, routes and drivers on one hand; FDA, deadlines with product labels, translations, label text corrections for approval, insurance(s), claims on the other....and on my third hand I have customer service and managing the office.
I warned them that I just couldn't give my 100% and that I wanted to focus on one department. Even working from 7:30-5:30 or 6 at times was not enough
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michr
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lets clear up a few things that 'ranger_c.... ' stated:
being fired does NOT make you eligible for unemployment...being fired without "cause" does.
quitting due to non-payment of wages is "GOOD cause" to quit and it will NOT make you ineligible for unemployment.
you do NOT sue you file a wage claim for the overtime.........
in California the employer has no option but to pay your vacation, this employer is NOT doing you any favors.
http://www.dir.ca.gov/dlse/FAQ_Vacation.htm
there is no reason to sign the resignation IF you were fired. your signing the resignation will have NO bearing on you receiving what you are owed.
if this employer does NOT offer to pay everything you are owed accept what he will pay and then immediately file a wage claim.....
how did you figure the overtime?
did you actually work 9 hours a day?
is that counting your unpaid lunch break?
overtime in California is paid for hours actually worked over 8 in a day and 40 for the week.
http://www.dir.ca.gov/dlse/FAQ_Overtime.htm
lunch breaks of at least 30 minutes may be unpaid, all breaks that are less then 20 minutes must be paid.........
besides the overtime there may have also been meal break and rest period violations,
these violations result in hours of pay being owed as well.
see what this employer offers and then determine if you need to file the wage claim, remember this employers lack of knowledge is irrelevant, it is the employers responsibility to know the law......
to file a wage claim:
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
to understand what breaks you should have been receiving see:
http://www.dir.ca.gov/dlse/FAQ_MealPeriods.htm
and
http://www.dir.ca.gov/dlse/FAQ_RestPeriods.htm |
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Smiling
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In California, you can go back 3 years for unpaid wages, but you have to have some kind of proof. Unfortunately, my guess is you don't, so there is very doubtful that the company can be required to pay you. You can file a claim with the California Wage & Hour board. Here's the link:
http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm
There is no reason to hire an attorney. The Wage & Hour Board will research the claim and if you are eligible you will be paid. Hiring an attorney would do the same thing except you would lose at least 1/3 the amount because the attorney needs to be paid.
Based on your numbers you are earning around $9.50 an hour and would be an non-exempt employee.
Since he doesn't want to fire you, and you don't want to resign, your only option is to show up to like it is any other workday and to see what happens. If you don't show up to work it would be a "no call, no show".
You don't say why he asked you to resign. Is it related to the wage claim or something else? |
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ranger_co_1_75
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He can not force you to resign. In fact I would advise you not to resign. Force him to fire you so you are eligable for Unemployment Compensation. If you quit, there is a long wait before you can collect.
Also his firing you gives your attorney considerable ammunition when you sue for the 900 hours of overtime. It will look like you were fired for asking to be compensated for time owed you. If the court decides that is the case, you will be entitled to your job back and all pay and benefits from the time he fired you until you get your job back, in addtition to the overtime he owes.
If you are fired, you don't have to sign anything, you don't work for him any longer, he has no power other than to ask and make threats he can't carry out. Just clean your desk and leave, then go find a labor attorney to collect your overtime. |
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Banana
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Nobody can strong arm you into a signing a resignation when you're not actually resigning. Does your boss have a boss? Do you have a Human Resources contact? I would go to someone else first but if they insist then you probably need to contact the Labor Board. They can be in a world of hurt if you do that so I would stand your ground & not sign anything you don't want to sign PERIOD. If you resign you're not eligible for unemployment either. You're actually not eligible if they fire you either because they can just make stuff up. You really need to just be laid off. Don't a sign a thing. Demand to speak to someone else about it & if they don't comply then contact the Labor Board. That's what I would do. Best of luck :-) |
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