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Amazon has not paid me in a year, I was recently sent a letter with Case No.3:22-CV-06856-RFL, to respond to if I had wage issues can you help?

This legal question related to none in SacramentoCalifornia has been answered.

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Location: Sacramento  |  Law type: none
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I have worked for Amazon for about 3 years.  I am a NIGHT SHIFT Manager. My schedule is from 6pm - 4:30am.  I usually clock in early around 5:15 pm. Approximately a year ago I started to get Automatically clocked out. When I clock in I swipe my badge on a time clock that is electronic. So I would start my shift, scan my badge when I enter the facility, then at a random time I would get a text message sent to my phone telling me that Amazon has corrected a time clock violation, and that I have been successfully clocked out. It happened every week 3-4 times a week and 2-3 or more times in one shift.  Sometimes it would Auto clock me out and I can't clock back in, either I am on lunch or it can even be at the end of my 10+ hour shift. When I go to clock in for my next shift it clocks me OUT, or it sends me on a half hour lunch. I cold come into work @ 5 and when I swipe my badge it clocks me to lunch, at my REAL lunch break I would swipe my badge and it clocks me out, and then when I go to clock out at the end of my shift it clocks me IN. Now this Auto Clock Out has taken almost ALL of my UPT, in where I was running really low, it marks me as missing a day too. I went straight to HR, not once, not twice HUNDREDS each time I was passed off or told IT WOULN'T HAPPEN AGAIN. IT DOES. I have spoken to countless HR Associates the BIG BOSS ones, they just pass me off to another one. I went onto the HR online telling them and submitting MONTHS of missing time and money and UPT! I was met with You must get a MANAGER to enter times to be fixed. I was working over 50 hours a week, my salary was over $20 an hour and my checks were $200.00!! I would cry, beg annoy Management and HR. Then one of the newer HR girls says I went back and FIXED all of your times so they are correct, it is almost a year I went back until Jan of 2022, I asked her HOW? Where's my money? My back-pay? All my vacation time, my UPT even my seniority was effected, I said Did you do an OFF CALENDAR so I get reimbursed Nope. I have on my phone some of the snap shots of my schedule BEFORE that HR lady touches anything. Then right before Thanksgiving I was speaking with my Boss and telling her in January it will be a YEAR! Help Me Sara and she had taken my paper where I wrote my Real time working and the Auto Clock Time. I was fired on 11-11-2023.

Commonly posted questions...

Legal Solution

The response provided below is specific to none in the jurisdiction of Sacramento. If the response is inadequate, please submit a detailed inquiry.

Analysis of Your Legal Situation

Relevant Laws and Regulations

In your situation, the most pertinent laws relate to employment, wage and hour laws, and potentially labor law violations. Unfortunately, without specific knowledge of the exact legal provisions applicable in Sacramento, California, I cannot provide direct links to the relevant statutes. However, you can explore the homepage of the California Department of Industrial Relations for comprehensive information on state labor laws.

Possible Solutions for Your Issue

To address your situation, you should consider the following steps:

  1. Document Everything: Keep a detailed record of all the instances of automatic clock-outs and any communications you had with HR or management about this issue.

  2. File a Wage Claim: Since you've experienced issues with receiving proper payment, you can file a wage claim with the California Labor Commissioner's Office. The process and forms are available on their official website.

  3. Legal Consultation: Consult with a labor and employment lawyer to discuss your case in detail. They can provide specific legal advice, help you navigate the legal process, and represent you if necessary.

  4. Consider a Lawsuit: If your issue is not resolved through the wage claim process, you may have grounds for a lawsuit for unpaid wages and potentially other damages related to the wrongful termination.

Cost Estimation of Legal Services in Sacramento

Legal Service Average Cost in Sacramento % Difference from National Average
Initial Legal Consultation $250 - $350 +10%
Filing a Wage Claim $0 (Generally no cost) 0%
Representation in Labor Dispute $200 - $500/hr +15%
Filing a Lawsuit $1,500 - $5,000 (Varies) +20%
Full Legal Representation in Court $10,000 - $25,000 +25%

Note: These costs can vary significantly based on the complexity of the case and the experience of the attorney. Sacramento, being a large metropolitan area, tends to have higher legal fees compared to the national average.

Complexity of Wage and Hour Disputes

Case Study 1: Unpaid Overtime

  • Situation: An employee works overtime but isn't compensated at the mandated overtime rate.
  • Resolution: Filing a wage claim with the state labor department, followed by potential legal action if necessary.

Case Study 2: Automatic Clock-Out Issues

  • Situation: Similar to your case, where an automatic system erroneously clocks employees out, leading to wage loss.
  • Resolution: Documentation of incidents, internal complaints, followed by legal action for recovery of lost wages.

Case Study 3: Wrongful Termination

  • Situation: Termination of employment due to bringing up wage issues.
  • Resolution: Legal action for wrongful termination, potentially including claims for lost wages and emotional distress.

Questions for Further Clarification

  1. Have you received any formal explanation or justification for the automatic clock-outs?

    • Understanding the employer's stance or technical reasons can be crucial in forming a legal argument.
  2. Do you have records or witness statements supporting your claims?

    • Documentary evidence and testimonies can significantly strengthen your case.
  3. Have you faced any form of retaliation after raising these issues?

    • Retaliation can lead to additional claims against your employer.

Common Questions in Employment Law Disputes

Q1: What constitutes wrongful termination?

Wrongful termination refers to being fired in violation of legal rights, which includes termination due to discrimination, retaliation for complaining about workplace issues, or violation of employment contracts.

Q2: How long do I have to file a wage claim in California?

In California, you typically have up to three years to file a wage claim for unpaid wages or benefits.

Q3: Can I be fired for complaining about wage issues?

It is illegal for employers to retaliate against employees for complaining about unpaid wages or other labor law violations.

Q4: What should I do if my employer is not responding to my complaints about wage issues?

Document your complaints and their lack of response. Consider filing a wage claim and consult with a labor and employment lawyer for further guidance.

Q5: Are there any costs associated with filing a wage claim?

Filing a wage claim with the California Labor Commissioner's Office is typically free, but if the case proceeds to court, there may be legal fees involved.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Amazon has not paid me in a year, I was recently sent a letter with Case No.3:22-CV-06856-RFL, to respond to if I had wage issues can you help?" has been changed 5 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Sacramento & area of law: none.
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"Amazon has not paid me in a year, I was recently sent a letter with Case No.3:22-CV-06856-RFL, to respond to if I had wage issues can you help?"

none Sacramento

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