Dear Eleni, December 22, 2021
As you might remember, I recently requested copies all of my employee paystubs from the Henny Penny. I wanted to get a good look at them after discovering, by sheer chance, that I had never been informed or notified or aware of the fact that I had sick pay hours available to me. As you can imagine, it was a bit surprising to realize that, as my employer, how little regard you had for my rights or the laws you are obligated to keep aprised of when you manage dozens of people.
A major legal issue arises when one takes advantage of an employees rights and who just doesn’t pay out sick pay, whereby; intentionally and repeatedly failing to inform employees of its availability. Or, just doesn’t want to pay overtime and is in the practice of requiring employees to clock out while they are still working or acts in any other way in order to avoid going in to overtime hour rate of pay.
It is my conclusion and opinion, based on your direct orders and expectations set forth as an employer as well as, in consideration of specific facts and calculations, that you acted negligently, illegally and very possibly with intention to avoid paying overtime or sick pay and also to avoid providing appropriate meal and break periods. The fact is that I am entitled to, and fully intend to be compensated for every minute of time that I worked for you, including any penalties or damages.
FAILURE TO NOTIFY OF SICK PAY
You didn’t make it a priority to inform of or automatically issue sick pay hours or make any effort to share this critical information at any point. This constitutes willfull negligence and exploitation. I have discovered a repeated pattern of you disregarding California Labor Laws. For example, employers are required, by California law to take certain steps in order to make sure that employees are informed of this in writing at each pay date and with a poster on the jobsite.
Why didn’t I have any idea that I had sick hours available to use when I was sick? You didn’t put it my paystub and therefore, I didn’t know it existed.
The penalty is $50 for the first violation and $100 each pay period thereafter, up to $4000. 10 pay periods total where a violation occurred. 1 @ $50
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