Case details
Company claimed property manager did not work overtime
SUMMARY
$0
Amount
Verdict-Defendant
Result type
Not present
Ruling
KEYWORDS
FACTS
In January 2010, plaintiff Millicent Sen, a property manager for Los Angeles-based Francis Property Management Inc., was terminated from employment. According to Francis Property, Sen was terminated for poor performance. Sen claimed she was owed unpaid overtime and waiting time penalties. Sen sued Francis Property Management Inc. She brought a wages and hours claim, alleging the defendant was in violation of the California Labor Code. Sen claimed that when she was hired in 1995, she was told by her supervisor not to record her overtime hours even though she allegedly worked overtime almost every day during her 15 years of employment. She also claimed she was owed unpaid waiting time penalties that she was entitled to after being terminated. Sen presented a calendar at trial that purportedly documented her overtime hours from the past four years. Francis Property contended that Sen was never told by a supervisor not to record her overtime hours and that Sen did not accrue the overtime hours she claimed. Defense counsel argued that Sen had no evidence to support her claims, other than the calendar that the plaintiff created based on her “memory” and “best recollection.” Counsel also argued that Francis Property’s other property managers claimed that they were able to perform their duties without working overtime., Sen contended that she was owed four years of unpaid overtime wages, as statute barred anything prior to four years. She further claimed 30 days in waiting time penalties, at her regular hourly rate. Thus, Sen sought recovery of $33,000 to $53,000 in total lost wages and penalties, depending on the analysis of her overtime hours. Defense counsel disputed that Sen worked overtime hours during her employment and, thus, argued that the plaintiff was owed zero damages.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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