Update: October, 2018 – Sears Files Bankruptcy – We Are Still Attempting to Proceed with Our Case!
As you may have read or heard, Sears filed for bankruptcy. Nevertheless, we are attempting to move forward with our case, and will continue to keep you informed as time progresses.
If you worked for Sears in California since August, 2015, and notwithstanding Sears’ bankruptcy filing we are successful prosecuting this case, you may be entitled to participate in any proceeds in terms of payments.
So if you would be such a person, we would like to speak with you. Please do yourself and other Sears employees a favor and give us a call.
Were you a commissioned salesperson? Do you feel you were denied commissions for any reason? Were commission rates changed on sales you were making – without your being told in advance – or at all? Did Sears fail to provide you with written commission agreements?
Were you prevented from taking meal breaks, because you had to work more than six hours in a row before you could take such a break? Remember! A meal break has to be one-half hour where you didn’t do any work at all. So eating a sandwich or anything else while having to do stocking or checking prices or anything else for Sears would not have been taking a break. If you missed a break? Maybe you were owed one hour’s pay for each day that happened!
Can you do yourself another favor and go and find your earnings statements? That’s the page you get with your check each payday where your hours and wages and deductions are set forth. If you were paid by direct deposit, that’s where that information will be found.
It may be that your wages weren’t set forth accurately. If that’s the case, it’s another reason we have sued Sears and perhaps another reason you may be owed money. We could use your help in sending us copies of your earnings statements if you’d do that for us and the case.
Thanks in advance for whatever you can do.
We hope to hear from you soon.
Update: February 21, 2018 – Sears’ attempt to require Arbitration Rejected by Court!
You might have been wondering what’s been going on in this case since we filed it back in August of 2016.
The answer is that Sears sought to have the case arbitrated, and it took this long for it to get finally decided.
We are hopeful that it will move along more quickly now.
In the meantime – have you worked for Sears, in sales, since 2015? If so, please do yourself – and your fellow employees – a favor and give us a call so we might discuss your working arrangements at Sears.
Thanks very much. We hope to hear from you soon.
Plaintiffs’ Allegations
Our firm has joined with the Law Offices of Vida M. Holguin in filing a Complaint for Civil Penalties under Labor Code Private Attorneys General Act (“PAGA”) of 2004, and Labor Code 2698, etc., against Sears, Roebuck and Co. and Sears Holding Management Corporation (hereafter, “Sears”).
This case is filed on behalf of Consultative Sales Associates who worked in California non-exempt restaurant employees in California who have worked for Sears and were compensated on a hybrid commission and hourly basis.
In his lawsuit, attached hereto, Plaintiff contends that Sears did not comply with the requirements under California law for payment of wages. If successful, this action allows former and current employees to receive payment in the form of penalties owed by Sears because of its alleged acts in the manner in which it paid these employees.
Sears has not yet responded to the complaint filed August 19, 2016. The court has not yet ruled on any of Plaintiff’s allegations or determined whether the case is appropriate for class action status.
If you are or were an employee of SEARS in California, we would like to speak with you. Please contact us by either calling our office at 626-795-0205 or 818-547-5200, by mailing us at 550 North Brand Blvd., Suite 1500, Glendale, CA 91203. You may also email us at tom@falveylaw.com.
Law Offices of Thomas W. Falvey 