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Kurzly Case Brief· Sample: Ortega v. Halvorsen Distribution — Unpaid Overtime & Retaliation (California)
Case
Current status
Key issues
- Was she left unpaid, including overtime, for work done after clocking out?
- Was the termination retaliation for her June 15 wage complaint?
Evidence status
6/6 referenced · United States (California)
Client goal
Evidence coverage
100%
6/6 referenced
Issues
2
Avg confidence 74%
Open items
1/4
High priority / total
Timeline
6
Events
Executive Summary
One-liner
Desired outcome
Key facts
- 2026-03-03 Manager texts: leads clock out at 2:30 and finish putaway after
- 2026-06-15 Written complaint to HR about unpaid hours
- 2026-06-22 Final warning for a June 12 "no-call/no-show" that was approved PTO
- 2026-06-24 Terminated for "attendance and reliability"
Urgent risks
- Preserve the phone, text thread and voicemail before anything is lost
- Wage and retaliation claims have filing deadlines — raise them at the first consultation
Sources
Questions Presented
Was she left unpaid, including overtime, for work done after clocking out?
Elements & proof
- Worked beyond her paid hoursNeeds support
Badge data shows time in the building, not the work itself.
- The employer directed the workProved
- The extra hours went unpaidNeeds support
Her complaint says so; payroll and timekeeping records would confirm it.
Analysis
- The badge log puts her on site about 10 hours a week beyond paid time, and the manager's texts direct the work after clock-out. Presence alone does not prove work — the texts carry that part.
Sources
Was the termination retaliation for her June 15 wage complaint?
Elements & proof
- A protected complaintProved
- Adverse actionProved
- A link between themNeeds support
Timing, the manager's "Not cool" text, and a stated reason the PTO record contradicts. Who made the decision is still unknown.
Analysis
- Nine days separate the complaint from the firing. In between, the manager wrote "Heard you went to HR. Not cool." and issued her first discipline on record.
Sources
Key contradictions & intent shifts
| Issue | Statement A | Statement B | Kurzly note |
|---|---|---|---|
The reason for the firing vs. the company's own recordsHigh iss-2 | Final written warning (June 22) Records June 12 as a no-call/no-show. | PTO approval (May 28) Shows June 12 approved as paid time off by the same manager. | If June 12 was approved leave, the only incident behind the "attendance and reliability" termination did not happen as described. |
Anticipated Defenses
She was fired for attendance, not for complaining.
MediumTheir basis
The final warning records a no-call/no-show, and she signed it.
Rebuttal
The same manager approved June 12 as PTO two weeks earlier, and she wrote that on the warning before signing.
Being in the building is not the same as working.
MediumTheir basis
Badge data shows presence only, and the handbook bans off-the-clock work.
Rebuttal
The manager's texts direct the work after clock-out, in writing.
Statement of Facts
| Date | Event | Evidence |
|---|---|---|
2026-03-03 | Told to finish work after clocking out "No OT this quarter," by text | |
2026-05-28 | Manager approves June 12 as PTO Request #TO-88213 | |
2026-06-15 | Written wage complaint to HR Unpaid hours after clock-out | |
2026-06-17 | Manager: "Heard you went to HR. Not cool." Two days after the complaint | |
2026-06-22 | Final written warning For a June 12 "no-call/no-show" — her first discipline | |
2026-06-24 | Terminated "Attendance and reliability," nine days after the complaint |
Parties & Roles
Client
Counterparty
Others
- Brent KowalczykOperations manager, her direct supervisor
Key Strengths & Risks
Strengths
- The instruction to work after clock-out is in writing, from the manager
- The stated reason for firing is contradicted by the company's own PTO record
- Complaint, warning and termination fall within nine days
Risks
- Badge data shows presence, not work — hours worked will be disputed
- No document yet shows who decided the termination
- Sample case — every person and company in it is fictional
Evidence Index
| Evidence | Summary | Issues |
|---|---|---|
Type: Access log · Date: 2026-06-12 Building badge export, Mar 2–Jun 12, 2026 — about 10 hours a week on site beyond paid time
Notes: Shows presence in the building, not the work done | iss-1 | |
Type: Text messages · Date: 2026-06-17 Manager's texts, Mar–Jun 2026 — the clock-out instruction, then a reaction to the HR complaint
Notes: Exported from her phone — keep the device and the full thread | iss-1iss-2 | |
Type: Email · Date: 2026-06-15 Written complaint to HR about unpaid hours, and HR's reply that operations leadership was informed
| iss-1iss-2 | |
Type: Scheduling record · Date: 2026-05-28 PTO request #TO-88213 for June 12, approved by Brent Kowalczyk on May 28
| iss-2 | |
Type: Disciplinary record · Date: 2026-06-22 Final written warning for a June 12 "no-call/no-show" — her first discipline on file
| iss-2 | |
Type: Termination letter · Date: 2026-06-24 Terminated June 24 for "attendance and reliability"; no mention of the wage complaint
| iss-2 |
Open Items
Can you get the timekeeping system's edit history for your punches?
MediumIt would show whether out-punches were entered or changed to 2:30 PM, which the badge log alone cannot.
Suggested evidence
Questions for Client
- Did anyone else on your shift complain, and what happened to them?Medium
Next Steps
Preserve the phone, the full text thread and the original voicemail audio
The manager's own words are the strongest evidence and the easiest to lose
Request payroll records and the personnel file in writing
Confirms the paid hours and what the file says about attendance