r/EmploymentLawTopics

Location: Orange County California

I worked for an Amazon DSP in California for only two orientation days at $22.50/hour before being terminated without ever working a delivery route.

Despite the wages themselves being relatively small, the case seems to involve multiple Labor Code issues.

Facts:

• I was never timely paid my final wages, and the 30-day waiting time penalty has allegedly fully accrued.
• The company initially told me my final check was available for pickup.
• After I requested it be mailed, I confirmed my correct address by text, including my apartment number.
• The paycheck was still issued with the wrong address.
• HR later texted me offering to pay me through Cash App or Zelle instead of payroll, saying things like:
  • "I can send it to you they cash app."
  • "This way I make sure you get your money quicker."
  • "let me make you a offer"
• HR later confirmed sending $324.56 through Cash App.
• I never received what I believe was a compliant final wage statement, and I never received a properly delivered final paycheck through normal payroll.
• My paycheck also included what appears to be an improper $4 phone deduction.
• I completed mandatory sexual harassment training on my own time without compensation.
• During orientation there was no punch-in or timekeeping system at all, despite me attending required orientation. That makes me question whether my hours were ever properly recorded, and whether the company complied with California's timekeeping requirements.
• The HR text messages also include language such as "let me make you an offer," which, combined with the Cash App proposal, makes me wonder whether they knew there were payroll compliance problems and were trying to resolve them informally.

I have preserved all of the text messages documenting these conversations.

I am represented by a well-known California plaintiff-side employment firm that focuses almost exclusively on representing employees in wage-and-hour litigation and has recovered well over $100 million for workers. After reviewing my case, they associated another respected California litigation firm as co-counsel while keeping my contingency agreement exactly the same, meaning the firms will split their fee rather than increasing mine. A demand has been sent and/or a lawsuit has already been filed, and the employer has not yet appeared through counsel.

My attorneys have indicated they're pursuing the case aggressively, and I'm particularly curious about the potential impact of discovery and PAGA pressure. If discovery reveals that orientation hours weren't properly recorded, payroll wasn't handled correctly, wage statements were deficient, or these practices affected other employees, does that typically create significantly more settlement leverage against an Amazon DSP?

I'm not interested in pursuing a class action if it comes at the expense of my individual recovery. My priority is maximizing my individual settlement.

Questions:

1. Based on these facts, what would you consider a realistic settlement range?
2. How significant are the HR texts acknowledging the wage issue and offering Cash App/Zelle instead of normal payroll?
3. Does the apparent lack of timekeeping during orientation have the potential to become a bigger issue once discovery begins?
4. If PAGA claims are in play, how much additional settlement pressure does that typically create for an Amazon DSP?
5. If you were evaluating this case as plaintiff's counsel, would you view it as a routine final paycheck case, or one with meaningful upside once discovery starts?

Hi, I'm gonna try to make this as descriptive but short as I can. This is in Missouri. I am female, my boyfriend is male. Backstory: Per handbook and most people knowledge at the company (Hubbell Power Systems) I worked for. You have 6 attendance points. BUT "apparently" before your 90 days, there is 3 attendance points. It is not in the handbook, nor on boarding paperwork, and no one spoke of it, I checked all of my paperwork plus the whole handbook this "rule" NOWHERE to be found. Only the *apparently* after 90 day point system which is 6 points (days). Me and my boyfriend both worked there, he's still hired, but I was fired. He was hired 2 weeks before I was and he didn't even know this unspoken/unwritten rule. Trust me my boyfriend is relevant to the story. But to be clear: I am fully aware Missouri is an at will state. I understand I can be fired for no reason or ANY reason and its completely legal, I completely understand that.

Me and my boyfriend both missed the same amount of points IN OUR 90 DAYS. 3 days. Two of mine was doctor excused, one of his was. But regardless, you still get pointed with or without a doctors excuse. HR said this policy is across the board with all employees. BUT here's the kicker. I was fired. He was not, due to her hit his 90 days a week after his last absence. But HR "didn't catch it in time" (admitted on voice recording because I recorded the termination conversation between me and HR) with my supervisor approval for my leave via text messages because he had my doctors note and per the handbook, the supervisor is in charge of their own firing when it comes to attendance points. He said I was perfectly fine, I have the whole conversation screenshotted and still in my messages.

Again me and my boyfriend had the same amount of points. 3 which is "allegedly" termination within 90 days. He got to keep his job plus a promotion, and I got fired and I was less than 2 weeks away from my 90. As previously mentioned, HR's excuse for him was, he's after his 90 now so there's nothing we can do, though again, he had 3 points before he hit 90 days per this unspoken unwritten rule. But they caught me, allegedly and not even a week after I was fired he was promoted.

Now, I'm not 100% sure what I'm doing, I'm a young adult listening to the adulter adults than me, but everyone I've spoken to about this says its discrimination. A man and a woman, who did the exact same thing, bit only the woman gets terminated while the man gets to keep his job and get a promotion. I've spoken with lawyers and the few I've spoken to says there is enough red flags to point towards discrimination but they cant take a hard to prove case right now. I've applied for a interview for the EEOC of St. Louis as directed by the lawyers I've spoken to but honestly not sure what to do, the free consultation lawyer is spoke to technically did give me a free consultation, but purely over the phone and obviously I couldn't show my evidence I have saved, like the recording or the text messages, and all my on boarding paperwork/handbook to show this rule does not exist and for other ones, (which was most) require $500+ for a consultation. Which I dont have. If only someone would let me show my evidence and the whole story, I just would like to know do I have a real shot or am I just uneducated on the law and I'm wrong. Which is completely possible and who can help me if I actually have a case.

Another point: My mother brought up an excellent point to me though, this is where the potential retaliation comes in. At this same company, my mom worked there 20 years ago. She was in a work place accident that left her permanently disabled for the rest of her life. She sued obviously and won, but in the same lawsuit, the company also go sued by my mom and her lawyers for discrimination because how she got so badly injured was because they didn't provide the correct PPO for her because she is so small. My mom is a rail thin, 5'2 woman. She's always been small even when she was still "healthy". HR'S reasoning then was "she's too small and we can't order child sizes". All of this information is second hand in my eyes, I was 4 at the time it happened so I do not personally remember it. But its been told to me by my mother and father, and its also on casenet. But how it could be retaliation, is they knew my mom worked there 20 years ago and I'm sure they remembered the whole thing, I mean it was a huge lawsuit that they lost. When I was hired and they did ask if I had any relatives that has worked for Hubbell (the company in question), and knowing she's my mom, I don't know if my background check would ping her name since she's my mother. So I didn't want to lie and not get hired neither, so I was honest about it. I told them my mother did, they asked her name, I told them. But they didn't seem too concerned about it at the time. So I thought I was good, throughout me working there. By supervisors and senior workers that remembered her, I've been asked about my mom but I didnt see it has confidential information. It was more like small talk questions, like how has she been? Did she ever recover? Etc. But my mom thinks potentially, they could've taken their "revenge" on me because of her. Could that be a possibility too? Again this "before 90 day 3 attendance point system" is NOWHERE to be found as it being a real rule, I've looked multiple times, every section just to see if either me or my boyfriend missed anything It is literally no where. The only attendance system thats mentioned is the "apparently" after 90 day point system which is 6 points (days).

I think this is most of everything, if anyone has more information or even a lawyer to talk to me or really anything to help it would be appreciated. I have screenshots, recordings, my on boarding paperwork, and my handbook. What can actually be done? Am I doing the right thing? Please help.

[USA] I applied for FMLA (in the state of Oregon) leave and provided my employer with the required 30 days' notice. I completed the WH-380-E certification form with my therapist, but later learned that my employer did not consider my therapist (an LCS) to be a qualified health care provider for purposes of the certification. They instructed me to have it completed by an LCSW instead.

My therapist's supervising LCSW reviewed the paperwork and signed the certification. I resubmitted the completed paperwork within the deadline my employer gave me. The form includes the LCSW's full name, license type, phone number, and email address.

After I submitted the corrected paperwork, my employer informed me they were denying my leave because the certification did not include a "clinical stamp." However, I have not been able to find any requirement under the FMLA that the WH-380-E form must include a clinical stamp. As far as I can tell, the identifying information required from the health care provider is already included on the form.

In addition, my employer has stated that they believe my leave should be intermittent rather than continuous, even though my health care provider specifically certified that I need continuous leave.

I am now two weeks into my leave and am trying to focus on addressing my medical condition, but my employer continues to raise new reasons for denying my leave and insisting that I return to work. At this point, they are refusing to accept the federally issued WH-380-E certification form unless it includes an additional clinical stamp, which I do not believe is required.

Any advice?

Location: Wisconsin, US

I used to work for a small family-owned business, and during my employment I signed a media release for them to post images of me in their marketing and social media. I no longer work there, and we ended on somewhat bad terms. They still have photos of me on their website and they sometimes post old photos with me on their Instagram. I don't really want my image to be associated with the company anymore, and I'm wondering if I have the right to request that they stop using my image. Unfortunately I don't have a copy of the release, but as far as I remember it was pretty standard. I just don't remember if the agreement included anything about them retaining the right to the photos my employment was terminated. Any advice would be appreciated.