Redlands, CALance worked as manager at AAMCO Transmissions for the past four years but his job came to a grinding halt after he testified at a hearing against the owner. "I was wrongfully terminated because I was a whistleblower," says Lance. After studying the California Labor Laws, he also wants to collect for unpaid overtime, meal breaks, vacation pay and more…
"I went to the labor board and told them that I didn't receive a few paychecks and the last pay check they gave me when I was fired totaled zero," adds Lance. "I know this was all about me going to the sheriff and blowing the whistle on their illegal motor pool."
Lance also says the company owes him two years of vacation pay. "The owner said I could go on vacation but I wouldn't get paid for it—again, after he heard rumors that I was going to testify against him. The rest of the staff were getting paid vacations.
And here's another thing: On February 5th I had to seek medical attention because I wasn't feeling very well (I am diabetic and they know it) so the owner of AAMCO said to me, 'If you need to go to the doctor, that's the same as quitting.'
So I went to the labor board and complained about overtime and my two missing pay checks. They added up the overtime to 19 hours per week and I am entitled to be paid time and a half for the past three years. But the labor board then told me I was only entitled to 2 years because the 3rd year I worked for AAMCO in a different state. They figure I have $71,000 in overtime owing to me then they added meal times for 2 years.
They asked if I had ways of proving my hours. I was never on a time clock—it was policy. But I did use my alarm code to open the shop every morning and the guys in the parts department would come in and I would have to sign for everything. And I worked until the mechanics went home. I generally worked from 7am until about 7pm at night, which meant 19 hours overtime each week. I have the proof.
The labor board also mentioned meal times—I just ate and worked because I was never allowed to go on an hour break—this went on forever. I also found out about 10-minute breaks and vacation pay—all this time, I thought that vacation pay wasn't an issue in California. That's another California labor law violation.
But I can't walk into the labor board and subpoena records so how can I prove my hours without having access to the company? However, a lawyer has the power to subpoena mechanics and prove that my alarm codes are valid. And there were repair orders I signed during meal times, between 11am – 1.30 pm. They could pull repair orders that were written up by me. From what I read about meal times, you aren't supposed to do any work, in fact you are allowed to leave the building.
As well, AAMCO wants managers there 24/7 and answering their cell phones after work. I never got travel time driving to the other shop in Palm Springs—I paid about $120 per week in fuel to get there out of my own pocket. The California State labor law entitles an employee to travel time and employees should get reimbursed for gas.
I have a hearing date with the labor board on April 9th but I would much rather find an attorney close to where I live who will work on a contingency basis. I also heard that the labor board will only sue the corporate name of AAMCO but if you have a lawyer file a suit, the fine is double, so there is a lot more involved. And according to California labor laws, a lawyer can go back four years for overtime compensation. The labor board will only go back two years so I am much better off filing a lawsuit with a labor lawyer.