Dear Eleni, December 22, 2021
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Dear EleniFINAL
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- -------------- ------------- $3496 $121.60 total $3617.60 FAILURE TO PAY OVERTIME
- What about the night I stayed from 2pm until 11pm to wash dishes
- $112.18x 2= $224.36
- The total amount I calculated as wages owed to me, including penalties and damages, and am demanding immediate payment for is $7983.96
| 9 @$100 = $950
UNPAID MEAL AND REST BREAKS When I was working there at your restaurant, most days it was between 6 and 8 hours and never once was I offered the full rest and meal breaks entitled to me by California State Laws. I only ever took a maximum of 5 minutes while still being required to be available for work duties. Furthermore, why didn’t you do the right thing by consistently providing employee a full 10 minute break every 4 hours and a 30 minute unpaid lunch break when working 6 hours or more? I worked a total of 115 days between 7 and 8 hours without having both my 10 minute breaks and 30 minute unpaid lunch. For fairness sake, one 10 minute break which will not be included in the unpaid calculation. I also had 8 days where I worked under 6 hours. Rate of premium pay used to calculate is $15.20 for each missed break or meal. $15.20 x 2= $30.40 $30.40 $15.20 115 days 8 days -------------- ------------- $3496 $121.60 total $3617.60 FAILURE TO PAY OVERTIME When you take a closer look at my paystubs it shows that there are serious inconsistencies with the hours I was paid for vs. the hours I know, and can prove, I worked. Eleni, can you explain how it is possible that, according to my pay stubs, I only ever worked .15 hours of overtime throughout the entire time of employment? Or why you require employees to clock out if they are still working in order to avoid paying overtime? According to my records and recollection, it simply isn’t possible that I had only ever worked .15 hours overtime. What about the night I stayed from 2pm until 11pm to wash dishes when there was no dishwasher? Those hours aren’t reflected on my pay stub as overtime, which begs the obvious question. It is your responsibility to pay employees overtime pay after 8 hours and to also accurately record timecard data. Even if you require and enforce your rule of clocking out while still working to avoid paying OT, employees have still legally earned this money. As an employer asking and expecting someone you employ to clock out before going in to overtime while still performing work duties, you knowingly avoiding paying OT to your employees and at that point, you are liable for much more than what you would originally pay in OT. I calculated 10 days where, according to my records, I worked at minimum, 15 minutes of overtime that isn’t reflected on any pay stub. Whether I was required to clock out while still working or the time card was tabulated incorrectly, is unclear. In either case, it wasn’t unintentional. I didn’t count or factor in any instance where it was less than 15 minutes overtime, for the sake of fairness. OT is calculated at 1.5 times regular rate of pay at $22.80. There are significant penalties for every period of providing innacurate pay statements that don’t reflect the actual earned (unpaid) overtime correctly. Then, daily waiting time penalties for failure to pay employee all wages owed in full and immediately on, in my case, the day of termination, are an entire average day of hourly wages for each day of waiting since that day, up to 30 days max. Dates and amounts of disputed Unpaid Overtime 4/21 32 min 4/27 16 min 5/7 22 min 6/20 43 mi 6/28 19 min 7/9 19 min 7/29 28 min 8/6 26 min 8/12 27 min 9/4 1 hr 3 min ------------------------------- 295 minutes / 60 = 4.92 hours 4.92 x $22.80 = $112.18x 2= $224.36 Waiting time penalties for are calculated at one full day of pay for each day after termination up to 30 days. I used 7 hrs as an average for my hours in a day. 7 hrs x 15.20 = $106.40 $106.40 x 30 days = $3192.00 In order to quantify the exact amount of monies owed, I recorded and carefully calculated every instance of when I found an error in overtime, was entitled to a meal and or full 10 minute rest break I didn’t take and how many pay periods where you failed to provide written notice that set forth the amount of paid sick leave available. The total amount I calculated as wages owed to me, including penalties and damages, and am demanding immediate payment for is $7983.96 There are additional matters unrelated to wage disputes that I am willing to agree to not pursue any further whereby releasing all parties and all claims and also agreeing to keep completely confidential. I am willing to accept a settlement to avoid the length and time of litigation. If we don’t mutually agree on a settlement, you should fully anticipate me inviting others who, once they become aware of the facts surrounding my claims, will discover they have similar wage claims and reason to pursue legal action against you. Considering the possible long term costs involved, it might be in your best interest to settle immediately with me for the amount I have proposed. Serious violations of my rights occurred while I was employed by you at Henny Penny. You should be aware of my intention to pursue legal action against you relating to those aforementioned matters to the fullest extent of the law as possible. I am prepared to take you to court with the expectation of prevailing and with the end goal finding resolution in the form of a final judgment against you and an award in my favor. The violation of my civil and employee rights is a separate cause for action than the wage claims. These claims open the door to a long and complicated legal battle, a considerable amount of attorney costs and the potential for a very costly judgment against you. All of my claims are viable and enforceable under current State and Federal laws with sufficient supporting evidence for initiating a civil lawsuit with claims for failing to protect me from sexual harassment at work, failure to inform me of exposure to COVID19 at work, wrongful termination, hostile work environment, and retaliation. In order to address and resolve the issue of my claims against you while under your employment, without delay, I am proposing a settlement in the amount of $8000 to be paid out for all claims (separate from wage claims), and in addition to the aforementioned demand for $7983.96. Part of the terms of the settlement will be be that I will release all future claims and agree to not pursue any legal action for the matters that occurred during my employment. This is where you need to consider this very reasonable amount in comparison to the potential future legal costs and the likelihood for a much higher judgment against you. I have purposely withheld the exact details and facts surrounding my claims against you, with the purpose of attempting to resolve the matter out of court first and to facilitate moving forward with my life with the least amount of drama possible. Download 27.89 Kb. Share with your friends:
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