Fired for asking to be paid legal travel time

7Rock

New Member
Jurisdiction
California
I was fired last week from a construction company that I have worked for as a welder full time for almost two years.
The company requires me to pick up a welding truck from their yard every morning, drive it to whatever job site we are working at, and return it after work.
Every company I have worked for in the past has paid from the time I leave the yard in the morning until I get back in the afternoon.
This company only pays when we get to the job site at 7:00 AM and stops pay at 3:30, even though we are required to leave the yard at 5:00-5:30 in the morning and don't get back until 5:30-6:00 in the afternoon.
I have to drive a half an hour east to the yard every morning to pick up the Welding truck, then I drive west right past my house again to go to the job site, then the reverse in the afternoon.
I know driving to the yard to pick up the truck is not paid travel time, but going there and back cost me an extra two hours a day over what it would take me just to drive straight from my home to the job site.

I recently found out that my prior employers had paid from the time we picked up the truck from the yard till the time we got back was because that is the law.
When I brought that up to my employer he got angry and threatened to have somebody else drive the truck to the job. I said it would save me two hours a day if he did.
He then said he'd work something out.
A few days later I asked if another employee, who sometimes drive another truck out to the job sites, who was riding with me that day could just drop me off at home on the way back to the yard since my house is right off the freeway.
It would save me an hour, and the other employee had to go to the yard anyway, since he lives past the yard.
I asked the foreman (the owner's son-in-law) if it was okay.
He just said "Fine, whatever."
We had off the next day because of rain, and he was going to call that next night to let us know where the next job site was.
He never called.
I called the owner the next day, and he said that they had found another welder to replace me.
I do great work, and my employer has told me many times how much he loves my work.
There was never a problem until I mentioned wanting to get paid for driving the truck.
The day I asked if the other employee could drop me off was the last day I worked.
When I went in to pick up my checks, the wanted me to sign a paper saying I had been paid for all my hours and had been given all my rest/meal breaks.
We were very rarely given a lunch break, yet they deducted a 1/2 hours pay every day.
None of the employees were happy about working through lunch then not getting paid for it, but they were all afraid to say anything.

I wanna know if I have a case for retaliation and wrongful termination, and if I can get back pay for all the travel time and meals I had to work through?
Thank you.
 
First of all hopefully you did not sign the paper. You can contact the Dept of Labor to file a claim for unpaid time. They may also be able to advise you if there is an issue with retaliation and/or wrongful termination.
 
Forgot to add that I did not sign that paper and they got really nervous.
They didn't want to hand me my checks till I signed it.
I finally said I just want my checks and I want to leave. I'm not signing anything.
 
Forgot to add that I did not sign that paper and they got really nervous.
They didn't want to hand me my checks till I signed it.
I finally said I just want my checks and I want to leave. I'm not signing anything.

There are many lawyers in your state who will aggressively pursue financial remedies for you.
I suggest you talk to a couple tomorrow.

Filing a claim with your state labor agency is also an option.

Some people that have been wronged work both sides of "U Gonna Pay Me Now Sucka Street".

Nothing wrong with emptying the entire clip into the carcass of the beast that attacked you.
 
There are many lawyers in your state who will aggressively pursue financial remedies for you.
I suggest you talk to a couple tomorrow.

Filing a claim with your state labor agency is also an option.

Some people that have been wronged work both sides of "U Gonna Pay Me Now Sucka Street".

Nothing wrong with emptying the entire clip into the carcass of the beast that attacked you.
What do you mean by working both sides of the street?
What's the best way to find a good lawyer?
 
Two good things about reporting to the State Agency is 1) You don't have to pay them 2) If they decide to do a full investigation you may help out other employees get paid properly. The bad thing is they may act very slowly.

And attorney may get quicker results.
 
What do you mean by working both sides of the street?
What's the best way to find a good lawyer?


Don't confuse good lawyer with an aggressive lawyer, meaning one who gets results for her/his clients.

Ask friends, relatives, county bar association, or use any Internet search engine.
All you really need is a licensed lawyer that has testimonials to substantiate the results touted.
CA has very strict employment laws, some would say CA laws favor employees.
CA does make sure people get paid for every 1/4 of an hour worked.
What you describe is a very big deal in your state, because you'll get paid, as will the state!!!

PS: Love your cowboy hat, because I love all cowboy hats.
I own a working cattle ranch, and love the time I spend out there.
I'm partial to the west Texas style and Wyoming cowboy hats.
Is yours a CA cowboy hat style?
Can't tell too well from your picture.
 
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