In the state of California, the law presumes that all workers are what are called “non-exempt employees.” This means that, according to Anthony Zaller of Zaller Law Group, the workers “are not exempt from the Labor Code requirements, such as overtime pay, meal and rest breaks, and minimum wage.”
For a worker to be categorized as exempt from these rules, they have to meet certain requirements. For example, some employees in executive, managerial, or administrative roles are exempt, and if one is employed as a “computer professional,” it’s possible that they too would be exempt from these regulations.
Given the range of exempt roles, there are employees currently working who believe they are exempt when they should not, in fact, be exempt from these rules. One of those workers was TikTok user Mersadyz (@xoxosadyzz), who alleges that she learned that she was miscategorized as an exempt employee. Once she brought up this fact to management and opened the discussion to get the back pay she was consequently owed, she claimed she was laid off.
@xoxosadyzz Had to reupload but I was only paid for 2 extra days lol #CapCut #unemployed #employmentlaw ♬ original sound – Mersadyz
In her video, which currently has over 305,000 views as of Friday, Mersadyz recounts the story.
“About three weeks ago, I found out that I was misclassified as an exempt employee,” she explains. “All of the overtime and, like, the breaks that I missed, and just all of that stuff, I was supposed to be compensated for—and, like, mileage and travel time and stuff, and I wasn’t.”
While she says she considered filing a wage claim, she tried to resolve the issue with the company itself. She says she presented her case to the company, showing that there were over 30 days where she did not take her legally required rest breaks, as well as numerous days where she worked overtime without overtime pay.
She was then allegedly laid off.
“No severance, no notice,” she states. “Nothing.”
In the caption, she adds that following her bringing these issues to light, she “was only paid for 2 extra days.”
In the comments section, many users noted that this presents a host of legal issues and could be grounds for a wrongful termination case.
“My cousin works in HR. She says to: report to dept of labor, wage & division. Then also file for unlawful termination,” a commenter advised.
“So they retaliated!? Email them immediately detailing how you tried to get compensated for breaks & what not. Then contact the labor dept. easy peasy,” another echoed.
“California labor laws are SO strict,” shared a third. “I think you should reach out to someone.”
According to the law offices of Kingsley & Kingsley, “If you were fighting against your employer to secure unpaid wages, commissions, or overtime and got fired as a result, you may be able to file a wrongful termination lawsuit.”
In a follow-up video, Mersadyz noted that she is currently seeking legal representation.
@xoxosadyzz Replying to @nom thank you all for the advice, here’s a lil update so far! #laidoff #lawsuit ♬ original sound – Mersadyz
Mersadyz says that not only is she looking for a lawyer, but that she filed for unemployment and has updated her resume in order to find work.
Users in the comments applauded her efforts.
“I am glad your seeking legal help,” a commenter wrote. “Stand up for yourself and so this will prevent them from doing it to someone else that doesn’t speak up.”
“Another door will open soon and it will propel you to a better situation, where they will value what you bring to the table,” said a second.
The Daily Dot reached out to Mersadyz via email.
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Source: https://www.dailydot.com/news/worker-fired-after-no-back-pay/
