California labor laws are put in place to protect you. The California labor employment law and the California prevailing wage law ensures that your employer does not violate wage and hour issues. Although California boasts some of the strictest state labor laws in the country with stiff penalties for violations, California labor lawsuits are on the rise: The most common issues are misclassified workers such as rideshare drivers and other gig economy workers; and wage and hour violations such as overtime.
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An increasing number of employees in all kinds of professions find themselves working longer hours without overtime, from IT to domestic workers. Perhaps they have been discriminated against when layoffs occur, or overlooked for bonuses or promotion.
California has unique state overtime pay laws that protect employees from working extensive hours. With differences between state labor law and federal regulations on overtime pay, employers (sometimes accidentally) often misclassify employees. Some employees classify hourly employees as exempt to avoid paying overtime wages and therefore violate California labor laws.
If you believe you have been the victim of unfair employment practices, there are remedies available to you. The majority of California labor lawsuits are being filed over the following issues:
Minimum Wage
Overtime
Meal and Rest Breaks
Misclassification
Donning and Doffing
Wrongful Termination
Harassment
Discrimination
The California Labor Commissioner's Office under SB 588 and AB 970 has the power to collect back wages and penalties from employers who fail to pay minimum wage and overtime, force employees to work off the clock, refuse to offer meal and rest breaks, make illegal paycheck deductions and more California labor code violations.
Minimum Wage
As of 2021, California’s minimum wage is $14.00 per hour (or $13.00 per hour for employers with 25 or fewer employees). However, some cities in California have chosen to increase that amount and employees cannot agree to be paid less than the minimum wage.
This increase can also affect exempt employees, including salaried employees, such as retail managers and assistant managers, and commissioned salespeople. Most of the California wage exemptions require that exempt employees earn a monthly salary equivalent to no less than two (2) times the state minimum wage. As of January 1, 2021, the minimum annual salary to qualify for an exempt employee would be $58,240 (Double the state minimum wage $14.00/hour for employers with 26 or more employees). For employers with 25 or fewer employees, the minimum annual salary would be $54,080. By 2023, in keeping with minimum wage increases, the amount will rise to $66,560 from $58,240 and $62,400 from $54,080.
Employers should undertake a compensation review of their exempt employees to ensure compliance with updated California labor law requirements.
Liquidated Damages
An employer who fails to pay the new minimum wage will be required to pay liquidated damages to the employees in addition to the existing penalties. “Liquidated damages” is financial compensation awarded to an employee for a loss or injury resulting from the employer’s failure to pay the minimum wage.
Meal and Rest Breaks
The California Labor Code § 226.7 prohibits employers from requiring employees to work during meal or rest periods. Employees can sue for violations of California meal and rest break provisions going back a period of three years. In addition, it is likely that employees would be able to go back a total of four years under unfair competition laws.
• Employees who work more than five hours per shift are required to receive a 30-minute break.
• During a 10-hour workday, an employee is required to receive two 30-minute breaks.
• If the workday is no more than six hours, the meal break may be waived by mutual consent of both the employer and employee.
• During more than 10 hours a day, a second meal period of not less than 30 minutes is required. If the total of hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.
Non-exempt workers receive a 10-minute paid rest period for every four hours worked.
Individuals employed in agriculture and outdoor work such as landscaping and farming are legally entitled to sufficient rest breaks (minimum five minutes in the shade, on an “as needed” basis) when temperatures exceed 85 degrees Fahrenheit. This new law applies to everyone, including illegal immigrants, who have a number of rights and protections under Bill 263.
Donning and Doffing
Putting on and taking off protective gear, including personal protective equipment such as PPE during COVID-19, is called donning and doffing. It is required by some industries and companies to prevent the risk of injury or illness on the job. Some employees need to don and doff during breaks as well as starting and ending their shifts. Donning and Doffing lawsuits claim that employees should be paid for the time spent donning and doffing.
Similar lawsuits are being filed when employees are required to carry out tasks prior to starting their shift or after ending it, such as cleaning work equipment, logging into computer systems, or undergoing security checks. Lawsuits claim that employers who engage in these practices benefit from this time and should pay for it, which usually constitutes overtime pay.
Wage and Hour Penalties
If an employee does not receive the proper meal and rest periods, including “recovery periods” or “cool down period afforded an employee to prevent heat illness,” the employer must pay to the employee one hour of pay as a penalty. Employers are advised to review California OSHA recommendations to preventing heat illness.
Employers owe a penalty of one hour of pay at the employee’s regular rate for every workday in which a meal break is not provided – same rule applies for rest breaks. For instance, if you work an eight-hour shift without meal and rest breaks you are entitled to receive one hour for the missed meal period and one hour for the missed rest breaks.
If your final paycheck is late or it doesn’t include all wages and vacation pay (and maybe overtime) you’re owed, you can collect waiting time penalties. For every day your employer makes you wait, you are entitled a full day of wages at your regular rate, up to a maximum of 30 days. For instance, if you earn $90 per day, and your employer is ten days late with your check, you can collect $900 in waiting time penalties.
California Overtime and Misclassification
California Overtime laws require non-exempt employees be paid one-and-one-half times their regular rate of pay for any hours worked over eight in a day or 40 in a week. Furthermore, non-exempt employees should be paid two times their regular rate of pay for hours worked over 12 in a day or over eight on the seventh day of a workweek.
According to California labor law, overtime pay is based on hourly wages, salaries, shift differentials, non-discretionary bonuses and commissions. Failure to include those when determining overtime pay is an overtime bonus violation.
If you are an hourly employee, you have the right to overtime pay that independent contractors may not have. Unfortunately, some employers misclassify their employees as exempt from overtime, either due to a lack of understanding of the exemptions or to save money. For example, retail employees who have the title of assistant manager or manager may spend more than 50 percent of their time doing non-managerial work, such as cleaning or stocking shelves. If that person is not being paid overtime the employer is violating California’s Labor Code.
ABC Test
In 2018 the California Supreme Court adopted the “ABC Test” for determining whether an individual is an employee or independent contractor. First, there is a presumption that the worker is an employee. The burden is on the hiring entity to establish that the worker is an independent contractor who was not intended to be included within the wage order's coverage.
The ABC test requires a company to clear three hurdles to determine workers as independent contractors and disprove employment status:
The worker is free from the control of the hiring entity in connection with work performance – both under the performance contract and in fact;
The worker performs work outside the hiring entity’s usual business;
The worker is customarily engaged in an independent business of the same nature as the work performed.
For instance, it is not enough to simply give someone a job title with the word “administrative” in it to exempt that person from overtime. The employee must be involved in administrative job duties to be exempt.
Domestic Work Employees
Under the Domestic Worker Bill of Rights domestic workers are entitled to the minimum wage, with the exception of babysitters under the age of 18 and the employer’s parent, spouse, or child. The Labor Commissioner may enforce local minimum wage laws if the work is performed in a city and/or county that has a higher minimum wage ordinance.
Bill AB 241 provides for specific overtime pay for certain in-home employees; i.e., “domestic work employee who is a personal attendant.” In-home care givers and individuals who require in-home care should study AB 241 to determine whether this law applies to them because it includes specific definitions and exclusions.
Outdoor Workers, Including Illegal Immigrants
Bill No. 263 prohibits an employer from engaging in "unfair immigration-related practices" when an employee asserts protected rights under the Labor Code. For instance, if you are an illegal immigrant and complain to your employer that you are not receiving minimum wage ($14 per hour, see above), your employer cannot threaten to report you to immigration authorities.
An employer may neither request additional immigration documentation, use E-Verify when not authorized, threaten to file or filing a false police report, nor threaten to contact or contact immigration authorities.
The state of California can suspend or revoke an employer's business license if the employer reports, or threatens to report, the immigration status of a current or former employee, or an employee' family member; and/or if an employee makes a complaint about employment issues.
An employer who violates the California labor laws is liable for a civil penalty up to $10,000 per employee for each violation. Here is a list of laws that prohibit retaliation and discrimination.
California Tip Pooling
Employees who work in restaurants or other industries that typically receive tips must still be paid the minimum wage without factoring in the tips. Employers cannot use tips as a credit towards the minimum wage (minimum $14 per hour or more, depending upon location--see above). Further, they cannot take wage deductions or credit card processing fees from tips.
An employer is prohibited from sharing or keeping any portion of a tip left for an employee by a customer. Any tip that is left behind is the property of the employee or employees they were left for. This allows employers to enforce tip pooling with other employees—such as busboys—but does not allow managers, owners or supervisors to share in that tip pool.
California Wage Theft Protection Act
Employers can now be subject to stop-work orders, levies against their bank accounts and liens against their property. Employers, as well as owners, directors or managing agents acting on behalf of an employer, can be subject to criminal and personal liability. Previously, companies could avoid judgments by changing names. Now successor companies will be deemed liable if they engage in substantially the same work.
California's Wage Theft Protection Act of 2011 (Assembly Bill 469) requires employers to provide all employees with written notice of information at the time the employees are hired. Information given to the employee includes the rate of pay and how pay is determined, any allowances, regular paydays, employer's name, physical address of main office or principal place of business, employer's telephone number, contact information of the worker compensation insurance carrier and other information as deemed necessary by the California Labor Commissioner’s Office.
California Prevailing Wage
California construction projects—such as highway improvements, school construction or repair, work on city or county buildings, or bridge construction—are often paid for with public funds. California workers who provide labor for California public works projects or for California public improvements that exceed $1,000 in cost are entitled to receive wages at the prevailing rate—or “prevailing wage.” California public works projects include those that are federally funded.
The prevailing wage rate for any publicly funded construction project is based on the basic hourly rate that a majority of workers who are engaged in similar work within the nearest labor market area are receiving. Public works laborers must be paid based on what the prevailing wage for their specific job is determined to be.
Because government contracts for public improvements are highly sought after, some bidders seek to submit lower bids by lowering wage rates. California prevailing wage laws require that all bidders on a public works contract must submit bids based on the same cost of labor—i.e., no bidder can use a lower wage rate in an attempt to "win"a contract. Prevailing wage law ensures that work performed by the winning bidder on a public works contract is paid for according to the set prevailing wage rates. California prevailing wage includes not only the hourly rate of pay but also designated rates for overtime and holiday pay.
If a public works project in California is federally funded, the California state prevailing wage rate is used if that rate is higher, and if the project is controlled or carried out by a California awarding body.
Wrongful Termination
California Wrongful Termination means that an employee in California has been fired or laid off for reasons that violate the employee's legal rights. Even though California is an "at-will" state, there are situations in which the firing of an employee could be considered wrongful termination, and remedies are available. Laws protecting employees from wrongful termination are covered in the California Fair Employment and Housing Act.
Compliance
California employers are subject to many laws that protect the rights of employees and ensure employees are aware of their rights and their employer's responsibilities. Employers who break those laws could face fines and regulatory actions as well as lawsuits from their employee.
As well as wage and hour laws, California employment laws also cover drug and alcohol testing, workers' compensation, employee termination, information provided on pay stubs, proper pay records, calculating travel time for employees, and mass layoff notices. Depending upon the size of the workplace, these regulations may change.
Some employers unknowingly make mistakes regarding their employees while others violate the law on purpose. In either case, employees are denied the rights and protections they are entitled to. Such situations can result in employees filing lawsuits against their employers.
California Sexual Harassment and Discrimination Law
SB 292 amends the definition of harassment. This law states that sexually harassing conduct does not need to be motivated by sexual desire. Further, hostile treatment can amount to unlawful sexual harassment regardless of whether the treatment was motivated by any sexual desire. The law states that employers may not take adverse employment action against a victim of domestic violence or sexual assault when they take time off from work to attend to related issues. Law SB 400 includes protections to victims of stalking.
A hostile work environment includes harassing behavior so severe and pervasive that it creates an intimidating and offensive work environment, and actually alters the terms and conditions of employment. Harassment victims may be entitled to monetary damages under California law, depending on the circumstances of the harassment.
A number of laws protect employees from discrimination, including the Age Discrimination in Employment Act, the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, and the Americans with Disabilities Act. The California discrimination statutes involve unequal pay, and sex and gender discrimination.
Discrimination Protection for Military and Veterans
Law AB 556 includes "military or veteran status” to the classes protected from employment discrimination. This law allows employers to identify members of the military or veterans for purposes of awarding a “veteran’s preference as permitted by law,” but employers are advised to proceed with caution when inquiring about military service in job applications or hiring decisions.
California Whistleblower Protections
Bill SB 496, introduced in 2013, expanded whistleblower protections from California’s general whistleblower statute to include reports alleging a violation of a local rule or regulation. It also protects employees who report suspected illegal behaviour internally to "a person with authority over the employee" or to another employee with the authority to "investigate discover, or correct "the reported violation” and/or externally to any "public body conducting an investigation, hearing, or inquiry."
Additionally, SB 496 declares unlawful any employer's rule, regulation, or policy that prevents the disclosure of reasonably-believed violations of local (in addition to state and federal) laws, rules, or regulations.
Finally, SB 496 prohibits retaliation against an employee because the employer "believes the employee disclosed or may disclose information."
California ERISA
The Employee Retirement Income Security Act (ERISA) is a federal law governing employers who offer benefits such as health insurance, pensions and stock options. Under ERISA laws, lawsuits can only be filed in certain situations and employees are not eligible for punitive damages against employers. See more ERISA information.
FMLA
The Family Medical Leave Act (FMLA) is a federal act that requires covered employers to provide up to 12 weeks of unpaid leave to eligible employees for the following reasons: birth and care of the employee's newborn child; care for a child after adoption or foster care placement; care for the employee's spouse, child or parent with a serious health condition; or for a serious health condition that affects the employee's ability to work.
Employees are eligible for FMLA coverage if they have worked for a covered employer for at least one year, for 1,250 hours over the previous 12 months (not necessarily consecutive months) and if a minimum of 50 employees are employed by the same employer within 75 miles.
The California Family Rights Act (CFRA) was established to ensure employees had leave rights for the birth of a child; adoption or fostering of a child; serious health conditions of the employee's child, parent or spouse; or for the employee's own serious health condition. See more FMLA information
Federal vs. California WARN ACT Violation
The California Worker Adjustment and Retraining Notification (California WARN Act) provides protection above and beyond the Federal WARN Act, to protect California employees from mass layoffs. In addition to your rights under the Federal WARN Act, the California rules cover the following:
Employers staffing 75 or more employees over the past 12 months, which is lower than the federal mandate of 100 employees
Part-time employees who are part of the 75-employee count as long as they have worked more than six months in the past year
No requirements for one-third of the workforce or a period of six months or more for a layoff, as long as 50 or more employees are let go
Employees retain their rights in a company buyout
California Statute of Limitations
It is generally better to file a wage and hour complaint sooner than later as there are strict time limits in which charges of unpaid wages must be filed. The statute of limitations for California wage and hour lawsuits is three (3) years from the date when the most recent violation has occurred. You might have other legal claims with shorter deadlines, so you might want to consult with an attorney before filing a claim.
California Labor Law Legal Help
California employees who feel their rights have been violated may have the opportunity to bring their complaint before the courts. If you are employed in the State of California and feel that your employer or a co-worker has violated a state or federal employment law, you may qualify for damages or remedies that may be awarded in a possible class action or lawsuit. Please click the link below to submit your complaint to a lawyer for a free case evaluation.
Santa Cruz, CA A federal judge ruled last month that an Amazon employee can go ahead with a class action lawsuit seeking to recoup expenses while working from home during the COVID pandemic. Although California labor law requires employers to reimburse employees for all work-related expenses, Amazon argued that the government told workers to stay home. The class action could affect over 4,000 employees working for the tech company at 12 different California locations. READ MORE
Santa Clara, CA California's attorney general has taken the lead in supporting Washington State’s decision to enforce minimum wage laws, which includes GEO, a private prison company that, since at least 2005, has paid thousands of detainee workers $1 per day for labor that is necessary to keep its facility operational. The private prison company has appealed a Washington district court ruling that it owes back pay to detainees. READ MORE
Santa Clara, CA Many Americans, particularly those with heart conditions, have good reason to ask whether they are eligible for Worker’s Compensation if they suffer a heart attack at work. Heart attacks are normally covered by state workers’ compensation laws but there are often many factors involved and you may wonder if a heart attack or stroke qualifies for worker's comp. READ MORE
Need help in recieving compisation for the target class action lawsuit for cashiers that were not given seating at the regisiter
Posted by Boston Fowlkes
on
Do we have to pay sick pay or vacation
Posted by Rachelle van beek
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To whom it may concern,because I have done this one time already done this one time I am reluctant to do so again as I got no we're I did get a call back from a attorneys office I did two phone consults and the end result was very confusing,I'm going to give it another try only because I'm angry and want something done about the situation at hand I live in Orange County Ca my daughter who is now 17 years old works for a very large well known fast food resteraunt chain and has since she was 16 there have been a long list of violations of the law during this time and I'm pissed off im done with allowing this employer that clearly thinks their above the law continue to get away with this behavior and I want to sue them I want to to be held accountable and I want justice in trying to get something done about this I clearly see one of the problems getting anyone to do anything about this is rediculas and I feel purely based on the attorneys offices taking on the real money makers does anyone care about protecting the rights of people or upholding our so called laws the most recent problem is this for the past six month they have been allowing and making my daughter work the graveyard shift and making her work until 12:00 am even on nights when she has school the next day she is still in high school and working under a work permit through her high school correct me if I'm wrong is this not against the law I want this stopped I want to sue them I would appreciate if someone contact me that is serious about helping me or cares enough to try or can atleadtvpoint me in the right direction please
Posted by Dru Enser
on
I won my labor case in the labor enforcement court. My case was appealed in civil appeal court. Now I want to appeal that decision. I have all decisions and info you need. I'm on disability and need help
Posted by Roger G Machuca
on
The company I was working for terminated most of there employees. They payed of the PTO to the employees that were let go. I'm on workmen comp and I was given my termination papers to, but the American Solar Direct did not pay me my PTO like the rest of the employees. I have proof that they did not pay me my PTO. ADP is showing the PTO on my account and my last check stub that I got after the company couldn't accommodate me is showing my PTO that they owe me. They gave me my termination papers but not my PTO like the rest of the employees.
Posted by Addy
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I work graveyard shift at my job. My managers want everyone in my position to come in for a meeting at 10 am. I work from 10 pm to 6pm. So I'd only be getting a few hours of sleep (about three because I lose one hour driving from and to work). Am I required to go to this meeting even though I haven't got my 8 hours of rest? If they try to punish me or fire me for not going can I fight it?
Posted by Alberto Ayala
on
the company that I work for , pay us every 2 and 17 of the month , they pay us up to 96 hours in a check period , with out of over time , because they pay us semimonthly , and when we work Sundays , they pay 7 hours only , we are drivers for a senior citizens and we work more than 7 hours on Sundays , we don't have benefits , no medical dental or vision insurance and I think they commit many abuses with us , we don have any vacation time and around 2 weeks a go they start giving us a half hour brake time , and that is because someone is sued the company. we are around 50 employees some we are full time and some are 6 hours part time , but we need to find out if we can do something to defend our rights , any legal tip
Posted by Michael Glaude
on
I work for adecco temp agency. When they 1st set me up with the job I am currently working they told me the pay was $12 an hour. I was paid $12 hour for the 1st month. I was in formed after the fact of me working this job for a month that after the sale they were going to drop everyone's pay down to $10 anot hour. I want to know if this is leagle for them to do this.
Posted by california
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i sprained my rotator cuff on Nov 20, 2016 and my job placed me on a COF which gave me 7 unpaid days to meet with my primary medical provider to assess what was wrong and if i was able to return back to work with or without limitations........this was the ONLY THING the EMT AND SUPERVISOR on site explained to me, so i schedule a doctors appointment and was seen on Nov 22, 2016 i brought a medical release form and RMI form that my job requested my medical provider fill out back to my job site on Nov 23, 2016.....i was notified that i could return back to the job site on Nov 24, 2016 and i did and i continued to work within the limitations my doctor provided me for 6 STRAIGHT DAYS then all of a sudden i receive a voicemail from another center stating i'm being placed on a medical leave due to my job site not being able to accommodate for the limitations my medical provider placed me on. they said in 48 hours i would hear from my case manager who here it is 7 days later NEVER CALLED ME and they had also lost my paperwork to where i had to email in my personal doctors note with my diagnosis on it so i could be finally be released back to work. when i actually get to the job site i cannot clock in, i am informed that my paperwork STILL hasn't made it over to the job site and i have to call my case manager, who still has never called me in the first place. After leaving and just going home the following day i finally speak to another case manager who basically tells me that they are a 3rd party company to my job and they sometimes forget to send paperwork over to them. WHAT THE HELL!!?!??!?!?????? you are messing with somebodies livelihood! after speaking with the case manager who helped me out a lot and instructed me to call my local accommodations center, i call and speak to an employee who basically tells me 'im still not cleared to come back to work yet because now they don't have my release form, (remember that i turned in already on Nov 23, 2016) and since i'm a seasonal employee i will not get paid for the days they put me back on a medical leave. I AM ABSOLUTELY DISGUISED WITH THIS BILLION DOLLAR COMPANY THAT CANT SEEM TO TAKE CARE OF THEIR EMPLOYEES.........
my questions are.....
is it illegal to have somebody work for 6 straight days then all of a sudden tell them you cant accommodate for their limitations and place them on an unpaid uninstructed medical leave?
is it illegal for the on job site EMT to not disclose full information about this COF and medical leave?
is it illegal for an HR representative to open a case for you without authorization from the employee (me)?
Posted by Maria M. Mise
on
I was not paid for my overtime. I have submitted my time sheet in June 2016. Your check is a month behind so I knew iu wasn't going to receive my check till the end of July. I have been trying to get a hold of Robert Sterling, the supervisor for custodians for Lodi Unified School District 209-331-7193 and I have had no luck.I submitted my time sheet before the deadline and prior submitted my time sheet I spoke with Robert and he stated to me to fax my time sheet and he will be happily to pay my overtime.
Posted by Shuagao Yang
on
I got hired in June 2016 to work as a Laundry person in a Hotel and the manager who hired me trained me for 3 days and told me that she wanted me to run the Laundry room in the future. So I got the hang of the training within 3 days n then after the three days, I called in on the 4th day to see if I was working in my manager said No cause it's my day off. I called in the 5th day and my manager said exactly the same thing. Then I called in on the 6th day and she told me exactly the same thing and that she will call me if it gets busy. So I've waited for a week and I didn't hear from here so I decided to call her because I didn't know if I was working or not or if I did something wrong, she answered my call and told me that she put me on call so if it gets busy she will call me. I felt weird and awkward when she told me that but decided to shake it off cause I just thought that's how she ran things at the Hotel. So after June passed, it became July 2016 and I got very anxious and suspicious and I called my boss one morning and asked if I was still employed because I haven't heard from her and i was wondering if she fired me because I did something wrong and she told me that I didn't do anything wrong and that I'm still employed it's just that she put me on call because it's not busy and for me to give her a call if my phone number changes so that way she can call me in for work. So August 2016 passed and I haven't heard from her for me to work and now it's September 2016 and I don't even know if she's going to call my new cellphone number and call me in for work. I honestly think that she isn't going to call me in for work anymore and I don't know why but I do not want to be put on call and I really want to work cause it's hard for me to find a job because of the way I look. What should I do about this situation because I haven't quit and she said she didn't fire me because she needs me and for me not vto quit on her and I've been very Loyal to her but it's not fair that I see other people working and getting paid and I'm the only one who isn't working and getting paid because my boss put me on call.
Posted by Katrina
on
I had been working as a pt floater in a grocery for several months when a position opened and I was offered the specialty job. I went in circles for 2 months asking for a salary revision and wad promised it would happen. I was in contact with HR due to my bosses hostile behavior toward me and again asked for a salary review of my new position. I was diagnosed with cancer and would be out several weeks for surgery. As I was about to return to work I was told to contact HR who announced I was not returning to my prior position as it was never formally documented that I was offered that position. I was returning to work with lifting restrictions and my previous job didn't require any lifting. This company chose not to return me to my previous job and instead offered me to work in a department that would require lifting and physical activity therefore they would offer me 2 hours of work each day from 2-4 pm answering phones 5 days a week. When I questioned my boss he basically said take it or leave it, and I had received paperwork from HR that when I was able to return to work if I didn't show up I would be considered abandoning my job. Do I have a any legal rights as I am short 1 month shy of FMLA to protect me and my previous position, and the claim they never offered me or discussed offering me the job I took over or was doing before leaving for surgery.?
Posted by eric sanford
on
for 3 years my schedule was 4pm - 12:30 now they have changedmy schedule to 6pm 2:30 am I expalained to my supervisor I couldnt work that shift no baby sitter I was told there is nothing that can be done what can I do, I've ben with the company for 5years and they gave my shift to someone that been there for 2 years what are my rights
Posted by Po
on
My husband did not appear on the schedule for his work for about two weeks. Because of this he wrote his boss/company's owner asking if he had done something wrong, that he knew there was ample work, etc. His boss wrote back, told him to come in to the office to talk. Apparently he was "suspended" but only knew so after the fact. Are there laws regarding suspension?
Posted by jem
on
I worked in a facility for 2 years as a caregiver. Im afraid to contact the department of labor because im an undocumented immigrant. My employer didn't pay me the right wage. I am a live in caregiver my salary per day is $65. I start working at 6:30 am and ends usually by 8:00 or 9:00pm. Sometimes my employer asked me to clean the washroom at around 10:00 pm because there will be a new patient will come and she wanted the facility to be clean. I am afraid because of my immigration. My co worker asked my employer to sleep in the room of one the patients here the patient is guy and my co worker is a girl. Even though she doesnt like to sleep in that room she still follows my employer order to her.
Posted by Allie Jaye
on
I work in a retail chain store in Santa Monica, CA; often we are not given full breaks, we are written up if we speak about wages, and they ask employees to clean our public restrooms (janitorial duties are not in our list of responsibilities, and we are not given proper cleaning materials to utilize - no gloves, just a spray bottle, a sponge, and a mop) and employees are written up if we do not comply.
Are any of the above illegal? I'm pretty sure cutting off our 10 minute breaks are, and that they cannot penalize us for talking about wages, but I'm not sure about the bathroom (hazardous waste?).
Posted by Sally Lane
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I work in a dialysis clinic in California. Our power went out for several hours and were told to clock out and wait to be called back to work. Should we have been paid to "stand by"?
Posted by Tricia Burton
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I reported to work as scheduled and an hour and a half later was written up and sent home. .my question is does my employer have to only pay me for the time i was there or is there a minimum amount i should get paid..its a small business with only 4 employees. ..thank u
Posted by California
on
After 27+ years of service, my employer greatly reduced the severance pay maximum 2 days before laying me off. Can they do that?
Posted by Tino R
on
I am working under salary for a restaurant, my question is legally how many hours should I work, because my bosses wants me to work more time every day seven days for the same money and there is no contract at all everything was verbal what are my rights, can you tell me.
Posted by Wife
on
My Husbands hours are 8-5pm and he gets an hour lunch. When he gets to work, if it is not busy, he has to wait to clcok in until the boss tells him. During that time, they tell him he can dry cars and get tips. He works between 65-80 hours every 2 weeks but only gets of for roughly 40 hours and this is happening every week. I keep track of hours when he works and my hours do not match his paycheck. Is there someone we can call to see if we have a case? We have a family to support and this job is an hour away so he wastes most his money in gas. $275-$325 for 2 weeks at $10 an hour is not valid and is a big lawsuit in my eyes and 20urs experience in the work field. Please help me
Posted by kenneth
on
I work for this company since 2/09, I injured my back and the company doctor put me on modified duty 11/20/15. Since then they gave me a back brace then a month later told me don't wear it, the company doctor told my employer that my restrictions are no motor vehicle driving at work, limit continuous walking to 15 min. every 45 min. limit standing to 30 min. every hour. Then a month later lifted my restriction even though I still have the same pain and my hips are numb. On 12/29/15 the head company doctor ask me how do you feel, I said I feel exactly the same way I felt when I walked in here 11/20/15, then I said let me ask you some questions, he said no I'm the doctor and I control this clinic, then he discharged me from his clinic sent me back to work without even examining me, I took off my first day back which was 12/30/15 because I was still in pain and was confused that a company doctor could make a unethical and unprofessional decision to send me back to regular work, not modified duty without a examination. On 12/31/15 I went to work tried to drive the pain was bad and after a deadhead and one trip i told them I can't continue, they took me off and sent me back to the same clinic where a different company doctor put me back on modified duty 12/31/15 this seems illegal to me, can anyone help me.
Posted by Janet Morales
on
My question is that in California start at 10 get payed but the rest of the money when we get race what happen?like for ex I was getting payed $9.45 something like that but now I been getting payed $10.15 but I been working here about 3 years
Posted by Chris K
on
I lost a paycheck. Boss tells me it will take a month to re-issue it and that they will charge me $50 for the new check? Is this legal?
Posted by newjerseywork
on
The case with Uber is an interesting one unfolding in california. As this author states: Uber is exerting to much authority over its "independent contractors" it is no doubt calling them independent contractors to avoid overtime pay and paying other forms of compensation. It will be interesting to see how that case unfolds.
Posted by Christine Lowe
on
I work in the front office as administrative assistant for a private security company. I have worked there for 10 years and I received 1 25 cent raise. I have not received a wage increase for the past 8 years from this company, but every one else in the office have received multiple wage increases since. I am also asked to do more than my fair share of work and I don't mind helping others in the office but when some of them have been there just as long as I have and have already received wage increases I don't really want to do anymore work than I am getting paid for. I believe the owner of my company is discriminating against me and doesn't like me because I speak my mind. So he keeps me out of the wage increase loop. What can I do about this without losing my job.
Posted by Margarita Martinez
on
I need help I got fired because I was sick.there is so many things I need to report on my boss.please help me.
Posted by Edgar heras
on
Me gustaria saber que puedo hacer. Si yo trabajo para dos restaurants. Del mismo dueño y no me pagan las horas extras. Y me dices que tengo que trabajar mas dias. Y si no lo quiero me dices que me van a despedir.
Posted by nancy
on
I would like to know if someone is Hired as a medical assistant and one is getting paid $12 and the other $23 both hired about the same time is this legal
Posted by Mitch lee
on
look intoHIC Cityof Aneihem Off of Weir Cyn.
Posted by Bryan
on
our pay roll lady is married to the boss and now she watches the cameras and if she see something she can yell about. she comes like an animal out the door., making sure it slams as hard as possible and just starts yelling with other co workers and customers present, I have been there 15 years and we are not allowed breaks and no payed under the table for overtime at your current rate
Posted by chris francis
on
As a security guard, I've saved lives & protected others.Employer made me sign waiver of my rights to all lunches & 10 or 15 breaks . Can't even use restroom.Many posts don't have any.Ive used bottles & newspapers.They deduct from a $10hr check sometimes for lunches & breaks that never take place!Since the insurance law for employees past, They over hire (doubling up to 2 hundred employees.So, no one will be considered full time, thus in there eyes except from insuring.No their Goverment extention is up for insurance law, They reduce hours for 10yr vets ( like Bob) down to 4hrs a week.My reduction was less then half of what it was.If I didn't take a post that nobody wanted ( all weekends & holidays w/ every other Friday; I'm sure the same would have happened to me ( Still have the text that promised Mondays @ this post.They make me use my own vehicle on rounds with no gas allotment or repairs ,the car was harmed on works property too.They had 1 yr waiver from the State for insurance for their employees, which is or has come to an end.They had me sign some document, which may have harmed me (stating that if i had to buy my own it would cause financial hardship)It appears they are trying to keep inexperienced kids ( many caught smoking dope on job another with needle in arm) because they have insurance under parents.The other older employees have insurance through their wife's job.But, definitely they are up something hiring peaple who don't even have guard card.Some kids are sent of to work posts with no uniform,much less a badge.I have worked double over time 2hrs at 1 post, then raced to another post for another 8 hrs(7a.m to 4p.m & 5p.m to midnight)Again, no breaks ,no lunch,no over time.It Appears That Many Employers Additude is ,"just be greatfull you have a job".They look for(in their eyes),the most minor of alleged offences to punish you or reduce hours.I have been told if you get a last minute request to cover a post & you can't make it : Your name is put on the bottom of the list for work until your name comes up again.They call you with a couple days on that weeks schedule & say the others days " yet to be scheduled "; which means your not working.When You do get paid & you have worked more hours then they are conforable with, they pay you cash along side your pay check & make no mention of it!Most employees like myself have to go down to the office to pick up your check ( many travel over 35 mins to get paid.I INJURED twice on the job ,once last week & the other pushing my car,which was on patrol after getting stuck in the sand, I am down to 2 days work this week.If I as so much inquire to another company, they take personally & you don't get a reference.Some Young employees wanted to work a popular festival for nearly $6 more an hour plus entrance, The owner/boss says to me "see where they will be working come May"- we were going out of work season that week anyway even called off 5 hours early because the clients party failed to be successful.These teenage employees, leave early,break common edicate, smoke,on lap tops & phones, eat cleint offered meals & take beverages which are free, but for some reason with no advance notice, I was sent home after nearly 6 hrs with no break or water ,after my posts doors was just locked & i ran to my car to get my lunch out & had been given under the insistance of " Sunny" a woman involved in the convention ( which has concluded till next) 4 bottles of water.Boss says I told the cleint my "peaple were not going to take anything" these vendor were handing out 36pack of beer,food,etc.to anyone and everyone including staff & those employees of the convention center.I said no all week, advised the person that insisted (she also told my boss); made no differance, boss sent me home 3 & 1/2 hours early, when other gaurds filled their pockets. I got 4 bottles of water ??? Now reduced to just this undesirable post, which cost more in gas then I take in @ $10 an hr & state,federal& medi-care deductions ,I make pennies.Someone , Somewhere should do a sting operation on these peaple.We are being used & abused because of the economy & the many peaple fighting for jobs, ready to move right in on your job.It seems that many or all legal recourse has to be done after you are no longer employed. My spouse has recently gotten out of a near death hospitalization, even under CDC quarantine & the boss was calling the hospital, I was for financial reasons leaving the hospital bedside to take a last minute double duty.Where has it gotten me? Nothing! No loyalties from employer, but boy do they want everything from you.I feel as if they would take my blood too if it could make them a dime.By the way, they were paying the old man before me at least $12.25 an hour if not more an offered him a patrol car- go figure.....
Posted by Courtney Robinson
on
I have not received my check that wasnt expired from a past employer in over 90 days. First BOB said he didn't have my time card. Then sent a check that has been expired over a month.I emailed called and now he wants me to sign an affidavit before he gives me my check. He also has refused to pay me for orientation which he requires and my last. Bob did not call text email my last day was Friday and i should have gotten my check then. I showed up Monday per my schedule.
Posted by patty
on
I was working as a team lead for a company that would give people 3 hours a week to work and at times would make the managers take vacations so that they can give people a couple more hours to work in a week. they would also cut peoples hours if they called out sick even knowing that some had medical issues. also maybe 10 times out of the 2 1/2 years i was there i was able to get my last breaks after working 8 hour shifts, never had a second 30 min meal after working 10 hour shifts. i did work more than 10 hours shifts a few times and never got offered a second lunch. never got paid for it. even on 8 hour shifts i would have to help out during my lunch because we were always short staffed and i didnt get an extra manager who could cover my lunch i mainly worked at night and i would only get 2 employees to close a store with me and day shifts would have 3 managers and 4 employees when its the slowest time of the day. cutting hours to people who are pregnant is discrimination, right? i mean they can help other ways. and also is talking down to an employee in front of other employees and customers and threatening to fire them for a small mistake that happens everyday working at a retail store and that is fixable. they love to belittle employees and make them feel like they are worthless. are all these against the law and is it possible to file against them?
Posted by Stressed Stylist
on
I am a independent hairstylist and I pay booth rent weekly. I suddenly became ill and was hospitalized for a week and on bed rest for another week. Upon returning back to the salon where I have a booth, the owner approached me and stated that I still have to pay my booth rent for the 2 weeks that I was out which I have no revenue those two weeks. Is there any chance she is breaking a law by charging me while unable to work?
Posted by California
on
@usha Of course your employer can offer to provide accommodations such as a stool, chair, or additional breaks. However, they are not required by law to provide such accommodations outside of the mandatory 10-minute break and 30-minute meal period.
Posted by usha
on
I would like to know if you have a job where your job consists of standing fro 8 hours as a front desk agent at a hotel, can they give you chairs or stools to sit at the front desk? if not, then can they allow you to sit in the back office just to rest your feet during downtime? my job is telling me that i need to stand at the desk my whole 8 hour shift unless i am taking my lunch or one 10 min break? is this correct?
Posted by Amanda O'Dell
on
My husband works as a sales manager for Folsom lake dodge and he does make salary but his issue is with the scheduling. This has been going on for 7 mos. now. They make a schedule for the whole month. They told my husband that he would have to work 6 days (with 1 day off) and the next week he would work 5 days (2 days off) and it would alternate like that. (He works between 9-12hr shifts) but every time it comes to him getting the 2 days off they tell him you have to be here it's a mandatory meeting or we need to make our quota or a training seminar.......he has not had 2 days off EVER!!! Is this legal??? Also they made him buy their shirts at $60 a shirt and he's worn them a few times (or u can wear a shirt and a tie) which he does. But occasionally they can wear the other shirts But NOW they are telling him no he can't wear those shirts This is after he spent over $200
Please help me understand if this is legal.
Posted by cathy
on
I had just started a new job working for A1-Agency care. I worked a 4-day live in shift. I started on 7/3/2015 my date ending my 4 days shift was 7/7/2015 I was told I get paid every 2weeks. My first pay check I should of received on 7/16/2015. I called the Agency to find out what time could I Pick my check up they told me i wont get paid til the 7/20/2015. I told them they would be 4 days late paying me I was upset. I called on the 7/20/2015 they told me my check was been processed after my last call to the agency on that date they told me I will get my pay on the 7/28/2015. I told them they were wrong not to pay their employees on time. They hung the phone up in my face still haven't heard from them bout my pay. So I said enough of the BS. I made a call to the labor borad who is now investigating the agency. Labor board insurred me that they will get my pay and also I wil be paid for extra days it was late. It will be penalty against them. I think company's like that should be shut down..
Posted by ARNOLD L. GABRINEZ
on
HELLO TO ALL THE STAFF: PLEASE HELP ME REGARDING ISSUES RETIRED EMPLOYEES STILL WORKING WITH A COMPANY BUT CUTTING THE HOURS TOO MUCH THAT WE COULD HARDLY SURVIVE IN OTHER WORDS THEY ARE STARVING OLD EMPLOYEES TO DEATH , PLEASE TELL ME OUR STAND TO THIS THING THEY ARE DOING THAT MAKES US UNDER STRESS AND OUR WAY OF LIFE IS LIKE BEING HARASS THANKS AND GODBLESS IF EVER THEY CUT HOURS HOW MUCH IS THE MAXIMUM THE LEGAL ONE THANKS AGAIN
Posted by California
on
I was hired March 9, 2015. I have not received a paycheck since I was hired and resigned on April 1, 2015, and was told by the station manager over the phone call of my resignation that I won't get my check until a month because she is sending it thru the system. I just received a notice of eviction from my landlord. Please advise if there is anything I can do to get my check ASAP.
Posted by California
on
Unfair wages. I've been in the company for more than six years and get paid the same amount as newly hired people. I tried to talk to our Human Resources contact and he said he will discuss the matter with the Board of Directors, but we never get any answer from him. Do you think this kind of problem is included in California Labor Law? By the way, I am a hardworking person and I believe that the company should give me the raise because I feel insulted. Please help us, let us know if we have the right to ask for a raise or additional payment.
Posted by California
on
They don't give breaks or lunches. On February 1, the majority of staff did not receive a break. I clocked in at 8:55 a.m. and clocked out at 6:36 with no lunch and no breaks. And that wasn't the first time.
Posted by California
on
I have been working for this employer for almost 3 years (2 years, 9 months), but have not taken any paid time off or vacation; I was told by the employer that we don’t qualify for vacation.
Posted by California
on
During my son's 8-hr. shift (6 am-2 pm), he was working alone. With no opportunity to take formal rest breaks much less his requisite lunch break. Around 12 pm, he was so hungry he made a decision to leave his post and drive down the street to pick up take-away food. In doing so, no club representative was available (leaving the club unattended). At the food place, my son happened upon a club officer, questioned him as to why he was not at the club. He was subsequently terminated for leaving the club unattended during a work shift. My take on it is such that he was not given any consideration for rest or lunch breaks, and had he been granted these during his 8-hr. shift, he would not have left the club in the first place, thereby not being terminated. My question is, is this a strong enough case to pursue?
Posted by California
on
They suspended him for a week, and it has been over a week. They called him last night and told him not to show up at work because they made a mistake on the schedule. He has not worked in 10 days.
Posted by California
on
I have been working for this company for about two years. I was not employed full-time but I did work about 40-60 hours a month. Just a couple of months ago, I was helping with this remodel and I never got paid. The company owes me about a thousand dollars. is there any way I can sue the company? Please, I need some legal advice.
Posted by California
on
I quit working for Roundtable on 12/06/2014 I still haven't received my last paycheck that was due to me on 12/20/2014. I contacted the store manager and he said he spoke with the owner and that the owner had assured him that my check was in the mail, but to this day, I haven't received anything. I don't know how to go about taking action. Do you have any advice for me?
Posted by California
on
I was “let go” from my job because I had no child care for my daughters during the graveyard shift that my boss expected me to switch to after being the morning cashier for six months. During the year that I worked for Chevron, I never once received a lunch or break. I worked 8 hours each shift and I also worked a double shift on occasions when others would call in sick. I never got paid overtime, just 50 cents more.
Posted by California
on
She went away on a medical leave for two months and when she came back, her position was taken away. They offered her to go to another store but she thinks this is unfair. She felt discriminated because she got sick and they gave her position to someone else.
Posted by California
on
My employer had me work 9 hours with no breaks or lunch. Isn't this illegal? Not even a bathroom break. I have decided not to continue to work for this company anymore as I can't work under these types of conditions. Do I have any legal recourse? I still have not received a paycheck from them. Was told 2 different pay periods. I never signed a W-2 or any paperwork beginning my employment, and now I feel I might not be getting paid. What do I need to do to get my first and final paycheck?
Posted by California
on
7 am to 10 pm with only a half hour lunch. Caller stated he was not given
10-minute breaks. When caller worked over 12 hours, the company would not give him a 2nd lunch. Caller was caught using his cell phone while working and was sent home for three days (with no warning or writeup).
Posted by California
on
He was working for two days and observed that workers were not given clean water or anything to drink unless it was over 100 degrees outside. They were only allowed to drink from a sink that has only hot water and it is also dirty. They work in oil fields steaming and with high heat. He fainted last Tuesday because of the conditions he was working in. The fumes and heat. He was fired after this.
Posted by California
on
They fired me without a cause, I don't even have a warning in my file; this totally got me by surprise. I was supossed to get a yearly bonus at the end of this month (that they give to everyone) and I didn’t get it in my last check.
Posted by California
on
I am a freshman in college and this is my first job. They have been disorganized since the start. They are forcing me to work extra hours on a holiday without extra pay. I want to know if they can do that. I understand that there isn’t a law that I should get paid extra for holidays. But can they just give me extra hours without my consent just because others don’t want to work on a holiday?
Posted by Anonymous
on
I called my manager that i can't work due to my sick 10months old baby...when i told her that i can't come to work because i need to bring my sick baby at the hospital she said that she can't work for me because she is too tired..as a mom i cannot leave my baby in a situation when he needed me most..so i decided to quit not because i like to but i have to..and i have no choice..
Posted by California
on
He worked there for 3 years and the whole time that he has been going out of town for them he has not been paid the extra mileage. He also had to come out of pocket to pay for his expenses related to eating. When he asked for mileage, he was told that he would not be paid mileage and then he was fired.
Posted by California
on
I was told that I have to check my schedule every day because they change the hours and days every day. If I don’t work the changed time or day, then I will be fired.
Posted by California
on
Ernesto had trouble and suffered from abuse at work and he let HR know about that but nothing was done. He was fired two months ago. He is a Spanish speaker.
Posted by California
on
I have not received my last paycheck from this company. I have been waiting for 4 weeks for that check.
Posted by California
on
Caller states he was working in a grape field, when they started spraying the fields and the bosses did not warn them and left them in the fields. He states he is not sure what it was but he has side effects from this with bad headaches. His bosses refused to help.
Posted by California
on
Wrongful termination and unable to obtain unemployment. He had to retire to make ends meet.
Posted by California
on
He was fired. A check that was issued to him that he had already deposited was stopped payment by the company three days after he was fired. The day he was fired he was paid in cash, but the money from the check was not given to him. He had to continuously contact them to request his paycheck. He wants to know if there is any legal action he can take against the company.
Posted by California
on
I was terminated on the 22nd of this month and didn't receive my final pay check until the 28th. Also they took out a health insurance payment and my insurance was canceled on the 21st. I had 120 hours of vacation. I used 32, and they didn't pay me out for the remanded 88 hours that I had earned.
Posted by California
on
He said they suspended him indefinitely after being there for 11 years. A new woman was hired and every time she came around she found something to put him down about. He feels he was discriminated against- age and race. She has replaced him and a few others with younger people.
Posted by California
on
I was terminated for low performance and I put in a lot of hours per week. I was on salary and expected to work no more than 50 hours, which I did more than that. Am I entitled to overtime pay?
Posted by California
on
Stopped payment on payroll check in 04/2009, never replaced the check, never took care of promise for bank fee's. Now that EEOC is involved I'm being harassed on a weekly basis.
Posted by North Carolina
on
I was on STD for about 4 months. The first day back to work, I was terminated. The doctor was going to have me return with restrictions. But when I told the HR rep., she said I had to be 100%, so I asked the doctor to write a note to return to work without restrictions.
Posted by Anonymous
on
I have worked at LiveOps for 5 years and every time I log in or log out of their computers it takes me 15 minutes. I've timed it using my iphone about 10 different times to confirm this. I have never been paid for this time although it's required in order to perform my job.
Posted by California
on
She worked on Christmas Day. When she received her paycheck she was not paid for that day. They paid her the hours she worked but did not pay her holiday pay also. The company is now going to pay her the Holiday pay but will not give it to her till her next paycheck, which is in 2 weeks, Jan 27, 2014. Can they do that?
Posted by California
on
I was placed on short-term disability by my doctor on July 15, 2013. It was medically extended in October 2013 till April 1, 2014. However, my doctor is ready to release me to return to work now. I contacted my employer to let them know and they told me they do not have a position for me now/at this time but have my contact information if something comes available. What are my legal rights and what should my next action be? Thank you.
Posted by California
on
Hours have been steadily cut down. He is the top salesman in the store and one of the top 30 in the entire company but they have cut his hours down to 8. He called in sick on account of his father being in the hospital and about to pass away, but since then they have been steadily reducing his hours. He has been treated poorly as well and he doesn't know if it is on account of his age, race or gender, as he is the youngest there, latino and male in a largely female staff. Even with this being their busiest month, he has been given poor hours. He has co-workers who have also noticed this discriminatory behavior. He would like to know if he has a case.
Posted by California
on
For the last couple of years, we have been so understaffed as to make it impossible to provide legally mandated rest and meal breaks. Management has been aware of this, with no relief in sight. This affects 5-10 people here at the hospital, with other violations occuring on other shifts.
Posted by California
on
He was employed and given a classification as a contract person and no taxes were withheld while with this company. He was with them over six months. He was to have been changed to a w.2 employee after six months. Which they did not do.
Posted by California
on
They are refusing to give her the paycheck for the hours worked. She keeps getting sent back and forth from the company and the agency.
They also do not allow her to go to the bathroom unless it is her scheduled break.
Posted by California
on
Caller has been working with her sister at the same location for about 8 months. She was told today that one of them would have to transfer or resign within 10 days due to new company policy.
Posted by California
on
Consistantly put put into unsafe situations and unfair treatment from manager for complaining about it.
Posted by California
on
I was injured at work and required a surgery. The recovery time was extensive, and I was fired for not recovering and returning to work after six months. I worked for this company for twenty plus years and Iam still having surgeries to repair damages done on the job. Is this legal?
Posted by California
on
I felt as if I was being harrassed by having to work from home while under the doctors care and on a certified Medical Leave of Absence.
Posted by California
on
Besides what has already been stated my employer does not pay me for travel time from a job, or time in between job orders. I work as an HVAC technician. I also am exposed to harmful materials without proper safety gear!
Posted by Mississippi
on
I have lost wages and fallen behind on bills due to him not paying me what is owed to me, suffered mentally and emotionally due to his constant threats and harrassment after I asked him to cease contact with me.
Posted by California
on
I was terminated under the auspices of violating a job description requirement however, the requirement is not being met by other employees who remain employed. I was vocal about the continued labor law violations, discrimination and hostility in the workplace and the legality of them not maintaining my position under FMLA. I was demoted and moved to a position doing different work than when I went out on disability. That is a short synopsis of the problem but it is more extensive.
Posted by California
on
I have not been given work. I asked to cash out on my vacation and I was told company has no funds. I am given work with different foremen and when report is given to supervisor I am not paid my days that I have worked.
Posted by California
on
I am a claims adjuster and always work over my hours to keep up with my work and do not get paid overtime because I am exempt.
Posted by California
on
Myself, nor my co-workers EVER get breaks. I have had my lunches cut into, and hours altered to prevent over time pay. I have been repeatedly pushed by my (male) supervisor. I feel that I am discriminated against because of my sexual preference.
Posted by California
on
Loss of income, possible denial of unemployment claim, pain and suffering, defamation of character.
Posted by California
on
Stress over being terminated, vomiting, headaches, anxiety, just overwhelming fear of being terminated for no valid reason.
Posted by California
on
Was hired as a server for a new restaurant that was yet to open. They said to study the manual, buy the uniform, and come to the sister restaurant for observation. There they made us sign a waiver to work for free where they worked us for 7 hours without a break. They said if they didn't call the next day we weren't hired. They didn't call. I lost almost a month of precious job searching time. I became very depressed finding it very difficult to continue my job search. Since, the economy has worsened and jobs are even more difficult to get.
Posted by California
on
My boss regularly yells the "F" word at me and screams at me at the top of his lungs. Yesterday he challenged me to a fist fight and yelled all kinds of obscenities at me for about 30 minutes straight. I can't go back to work. I don't ever want to see him again. What can I do? I would like to get unemployment while I look for a new job. In this economy it is a scary place to be.
Posted by California
on
I was told to stay an hour past my shift one day each week for over a year because the company was short staffed. I never received any overtime pay. The company used the excuse "you are salaried' but I was not a manager, just a customer service rep for this online retailer.
Posted by California
on
High level of stress due to the following: unable to get food & fuel for vehicles used for transportation, unable to pay bills on time, inconvenience of having to get cashiers checks to pay rent with escalating penalties and losing bank & landlord's trust.
Posted by California
on
I was in a car accident before work and I needed medical attention. I called my work and let them know that I was in an accident and at the emergency room. I was told by the emergency doctor that I was unable to return to work until cleared, which I received a note for and gave to my employer. It took a couple of weeks until the specialist I had to see to get cleared was able to see me. When I saw him he told me that I was able to return to work the following week which I also received a note for. Another employee informed me via telephone that he heard that I had been terminated. Upon hearing this I immediately returned to the HR department at my employer and I found out that I had been fired a week prior for not keeping in touch with them. I received no call from them stating that the note I had previously given them was not sufficient nor a call stating that I had been terminated. I filed a claim to receive unemployment and it appears that my former employer told unemployment that I was terminated with cause. I need to see if i have a case against them. I feel they wrongfully terminated me and even if offered the opportunity to return I would not want to for fear of retaliation against me. Also if they were able to legally fire me, can I pursue damages against the person who crashed into me, or their insurance for my loss of work??
Posted by California
on
Due to a personal relationship my director lied in order to have me removed. I left and obtained a job with a company that hired clients from my old job. This director told my new boss that I was starting a business to compete against her. This cost me my second job. Then she has interfered with my private life and thinks she and her company have the right to determine who comes to my home and what happens at my home.
Posted by California
on
Property damaged to my vehicle from carrying product belonging to company. Personal clothing deteriorated from labor work required to perform while on the job. Anxiety attacks and humiliation from getting ridiculed from boss in front of all employees about how one is not performing to there fullest potential. Lost of hair, stomach problems, and weight loss as a result of stress and malnutrition from skipped and rushed lunches.
Posted by California
on
My employment contract promises my salary until August 2009. I was told that as they are not making as much income as expected, to no fault of mine, my last day of payment will be Sept. 15.
They are clearly breaking our legal contract, and in more ways then one.
Posted by California
on
Myself and others are at the point of exhaustion. My knees and feet hurt from standing for too long. Our company has eliminated 4 positions in our department, and put the extra work load on us and expect us to work faster with longer hours. Is it lawful for a company to demand overtime from its employees in such an excess amount?
Posted by California
on
I was fired for alleged discrimination of a friend at work. I was never given a chance to defend myself, and as a matter of fact, never given the slightest reason to think that I was being accused of discrimination. I was questioned about another co-worker being accused. In the interview, I was never questioned about my alleged actions. Then, after only a day of investigating, I was fired with the other co-worker. When I questioned my employer and asked what I supposedly did, they couldn't/wouldn't show me. I also have personal property damage I was told they would pay for. Are they still responsible for the repairs?
Posted by California
on
The christian school that I work for is terminating me because I am pregnant and unmarried. They claim that my pregnancy goes against my commitment as a christian. In the time that I have worked for the school, I have always received great reviews each year for my work performance. The school official is requesting I sign a letter of mutual agreement of my termination which offers me a $2,000 severance payment and payment of my health benefits (COBRA) until the end of my pregnancy. As of Aug. 27, 2008 I will no longer be employed. Due to this situation, I am under a lot of stress. I recently had to go on emergency because I was throwing up blood. Is this termination legal and do I have to sign the termination letter even though I do not agree with their decision?
Posted by California
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A co-worker struck me in the stomach after we had a verbal disagreement. I informed my immeadiate management team of the incident. They did not follow their own protocol as outlined in the employee manual. They then asked me under duress to sign a statement that did not accurately reflect the incident. Then they informed me that I was suspended. I was in shock and traumatized. The co-worker was still on site when I left. No investigation was conducted, and I was not informed of my rights. I sent a five page email to the Vice-President of Human Resources along with pictures of my bruised ribcage. I received no response. I was asked to report back to my branch facility but I found out that this individual was still on the premises I elected not to return. I was informed by email that I had been terminated.
Posted by California
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After informing my employer of 7 years of my pregnancy, I was told that I was "not allowed to attend pre-natal MD visits without 2 weeks notice and prior approval; that all MD appts were to be made during late afternoon hours because morning appts were not allowed and would not be granted". I suffered from very bad morning sickness, severe nausea, vomiting and dehydration on a daily basis. One morning, I arrived 10 minutes late because of severe vomiting. As I ran into the office, I ran straight to the restroom. My boss was on the phone waiting for me. I was suspended without pay for being 10 minutes late and not having clocked in. I tried to explain to her that I needed to see my doctor but couldnt do so because of her threats therefore I tried my best to take care of myself and get to the office as soon as I could. I was then sent home, suspended. The next morning when I returned to work, I was written up for tardiness. I refused to sign the write up but the Director of the agency stated that if I did not sign the form, they would fire me. I was then told that each time I would have an appt with my MD for prenatal visits, I was obligated to take an entire day off without pay or use my vacation time to cover the 8 hours of work missed. My doctor then informed me that I was pregnant with twins and my pregnancy was high risk. I informed my employer who then transferred me to a different department where the daily duties involed dealing with premature babies with birth defects and deformities, etc... My duties were taken away which affected my pay by being reduced. I was obligated to work on holidays and was never paid. I would be threatened to be let go of if I refused to work or went away out of town during any holiday. My vacation requests were never granted or if/when they were granted, I would be told that I cannot take that time off otherwise I would be let go of. I have worked so much overtime and was never paid for all the overtime worked. The clocking in & out system was changed to a computerized method, and the CEO had designated one individual to clock everyone in and out and edit the time cards so that each work day would be an 8 hour day regardless of people staying in late. The CEO was already audited once by the Department of Labor for unpaid wages and overtime. After my resignation for the agency, I requested to be sent my Cobra papers because I needed to keep my insurance. it's been over 2 months and I still haven't received my Cobra paperwork. I contacted the company to follow up, and was told that the insurance was still active. I'm not sure what to do. I'm not sure why they have kept the insurance active. I'm afraid that they might just cancel it and then I will be left with no coverage and will not be able to obtain any health coverage due to my pre-existing condition. They are refusing to give me my cobra documents. Now, my new employer is getting phone calls with threats and harrassment by my previous employer stating they "better fire me"... I haven't contacted the department of labor to report all of the above. I'm very afraid of her due to the fact that she is very notorious for retaliation and slandering the names of past employees, manufacturing documents and constant threats / harrassment. I really need help in understanding what my rights are and what I can do to stop the threats and harrassment. This is affecting my pregnancy. Please let me know if there is anything you can do to help me...
Posted by California
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I suffered from anxiety, severe depression, stomach pains, debilating fatigue (all of which were documented by my Doc). I was harassed and humiliated by co-workers and my Manager, I complained to the HR Manager who told me I needed to find someplace else to work.
Posted by California
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As a result of his demeaning behavior, my stress levels have risen drastically. I already have some issues getting to bed early, but now I have full-blown insomnia. I have severe anxiety thinking about my job, and occasional panic attacks. My back is in terrible knots and the tension was once just discomfort, but is now starting to cause me physical pain. I can't fall asleep, so I wake up late, and then sometimes really have such anxiety about coming to work that I call out sometimes because the stress is too great. I am extremeley intelligent, well-educated, and capable, but since this behavior has gotten worse, my focus has shifted and I have become less efficient at my job, which I used to enjoy. It is hard to concentrate and move through the day smoothly, as I once used to. I have been in contact with HR, they say they will address it, but I don't notice any changes. He is high up in the company, so I know that plays a part in their inability to really deal with the issue. My energy feels drained all the time now, I have very little motivation, and feel exhausted all the time, and am sick of crying. Please help. Someone just quit because he is demeaning, and no one in my position has lasted more than a few months because they all quit and get new jobs. I like my job and don't want to quit, and I also don't feel that it is fair that I feel like I need to quit because it is not being dealt with properly. I want justice for the girls who worked in my position before me and quit, as well as all those that might follow.
Posted by California
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I am a driver for a local pizza company. We are only paid $1.00 per delivery and it does not nearly cover the rising cost of gas. As a driver I am being forced to pay out of pocket for my gas, which as a driver is considered a work expense. The company will not give us more money for deliveries. Is there anything I can do?
Posted by California
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I have asked my previous employer on several occasions to furnish me with my final pay, but he refuses. He terminated me after I informed him he was harrassing me and my family. He cussed at me and spoke of clients in a sexual nature to me, making me uncomfortable. I informed him of this, and he terminated me withing two weeks.
Posted by California
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They changed my contract four different times and made it hard for me at work, to the point where I was being harrassed and finally quit.
Posted by California
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I've been working for this company for 35 years. I was in between a rock and a hard place. The instructions I've been given to follow were inconsistant. I have been given a Seperation Agreement to look over, but it is not going to cover my needs and there is no other job able to make up for the 35 years I spent with this company.
Posted by Anonymous
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When I started working for this transportation company and was assign to transport to Reno, Nevada, I did not recieved any direction or information from my driver manager or supervisor. I ended getting lost for 4 hours on my way back to Sacramento. The manager ask me to step into the office after I put my stuff in my vehicle.
I notice that he was very upset. He asked me what happened and I replied that I never been there before and got lost. He started shouting and using very offensive words. He said very aggressive that I f**k up. I had my head up my *ss.
Posted by California
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Hired as manager by airline contract company in November 07; moved here from Iowa. New general manager arrived in January 08 and made it clear that he did not approve of gays and that there was no place in management for us. He facilitated the elimination of my salaried position and told me I could stay employed as an hourly customer service representative.
Posted by California
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I am under doctor's care for severe depression and panic disorder. My employer knows this and some of it stems from a previous sexual assault at the workplace which was settled in 2004. Since then, I have felt I have been retaliated against wherever I go to work. In my current work situation, I was being verbally harassed by a male co-worker. I told him to stop. He apologized and cc'd our boss. He did it again, this time I e-mailed him again telling him to stop or I would take further action. Now my supervisor is treating me like the problem employee and making me jump through hoops. Instead of getting my annual evaluation, I have now been told I'm going to have one on a monthly basis. They are checking into every little thing I do. They have requested my personnel file to see if there is anything negative in it to use against me and now they have checked to see if there is some type of policy against bringing a personal laptop to work. I use it to listen to streaming music. It seems like no matter what I do, they are monitoring me. They have even reassigned me to another leadworker, and he has told me that they are monitoring my work with him. Do I have a case here?
Posted by California
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After 19 years in the industry, I have been terminated and now I have to put non-re-elected on applications which narrow my chances for new employment considerably. I have no job and am the sole supporter of myself. I was treated differently than all the other teachers at my school and given a job that was impossible to do (teach out of two classrooms at the sme time) simply because I was the only one credentialed to do it. My union filed a grievance, won, and now I am out of a job.
Posted by California
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The damages I have suffered are loss of wages and emotional distress. My job had no sick pay, so I used all my vacation to cover time missed. I found out the time I missed was counted against my attendance, regardless of the vaction time I used. I was teminated because of my poor attendance.
Posted by California
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Shifts being cut - I am already a manager in one establishment, now asked to manage another (a bar) but after asking owner to pay me a management fee (instead of just bartender pay), he has cut my shifts. Has harrassed me and other employees in the past.
Posted by California
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My reputation as a teacher in the community has been damaged. My students have called me crying because they don't know why I am not in class. Administration has told them that I am sick or at a meeting and even that I will be back. They are lying to parents and students about the nature of my disappearance. Students only have two and a half weeks of school left. This has put all of us under immense about of stress. I have not received payment for my services yet. The school has a reputation of dismissing teachers without reason. I have personal property that I need to pick up at my school but I have been denied access to campus. The school breached my contract which says I am at least entitled to a ten day notice before termination. It says I can only be fired for inadequate teaching or an immoral or unethical act. I believe the Head of School is firing me because I did not accept his offer of an early contract for the next school year. The Head of School is also asking me to perform duties even though I have been fired.
Posted by California
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I am a 59 year old woman without a degree and it is extremely difficult to find a new job at my age and salary requirements, causing a great deal of monetary and emotional distress, and believe the company simply wants to hire someone younger who will work for less money.
Posted by California
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I have worked for this company for 2 yrs and 8 months. Back in August 2007; I filed a dispute against the company due to being harassed when my physician took me off due to chronic asthma. Since then my doctor has taken me off work when my health would not permit. I was advised last month that my pay was being cut due to doctors work off orders last month and also have emails from human resources admitting that the working conditions at the workplace caused me to have an asthma attack. I recently was taken off work 6 days due to depression from my pay cut, and last week was terminated. They terminated me due to time off that was ordered by my doctor for health reasons.
Posted by California
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I left my former company due to the hostile and dysfunctional work environment and accepted another position making 30% less money and now have a 2 hour drive to work instead of my previous 10 minute drive. So, I have suffered financially in terms of loss of income and also have a much greater expense for gas and wear and tear on my car. Very traumatized.
Posted by California
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Worked there for about 2 years and feel violated and wrongfully terminated. Other employees including myself have used coupons in the past to purchase items from store and I get burned and damaging work history item on record.
Posted by California
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48 hours a week with straight pay. 8 hours worked straight with no lunch break. Action taken against me when I make a mistake but not against another certain employee. Expected to do more duties than female employees even though we have the same position.
Posted by California
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Every 2 to 4 years it is mandatory that you renew your Guard Card. This is a vital step in order to keep working as a Security Guard. If this is not met, your card will be cancelled until you go through the rehiring process and pay a fee so they may renew your card again.
Now, there is a document, that gives you the opportunity to pay that fee and get the card renewed and that document comes 6 weeks to one month before your card gets cancelled.
Every 2 or 4 years I have been receiving that document to get my card renewed because I knew what the consequences were if I didn't, and every 2 to 4 years, this document has been coming to my address, up until last year (2007). I did not receive that document.
No questions asked, I took the necessary steps to get my card back and was told that the process was going to take up to 3 weeks to be cleared and I will be back to work in no time.
There was a young gentleman in the same situation as I, and he was put back on his post way before myself.
I have been working for this company, on the same post for over 2 years, and now I am not working because of this current situation.
I tried to file for unemployment and they are basically blaming me for not renewing my card, therefore, I have no income coming in and bills are due now.
I ask you what I am going to ask unemployment when I turn in the appeal letter,"How am I suppose to renew the card if I never received a document to turn the fee in?
Posted by California
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I asked if the company was hiring, and the cashier said yes. When I asked if I could get an application, I was told no, because they will only hire a man, because it is third shift. When I said that I have worked that shift before at another station, the cashier said, it doesnt matter, you are not a guy, and that is who we are hiring.
Posted by California
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I work for an independent contractor who works for a company in south gate. He continues to not send any child support to the DA but takes from my check. The drivers have to give a kick back in order to work. He makes sexual comments to me and some other drivers while touching himself. He makes rude comments about the hispanic drivers. I feel there is much unjustice. Can I report him to the labor board?
Posted by California
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I broke both wrists while on vacation. I was informed that I no longer had a job even before my vacation was over. I was terminated through a sugar coated email. No phone call.
October of 07, after my hysterectomy, they cancelled my insurance while I was still on medical leave without my knowledge or offering my COBRA.
Posted by California
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I currently work at an auto shop as an Assistant manager. I work 5 days a week, having only a 30 minute lunch everyday. According to what I know we are to have 15 minute breaks in the beginning of the day, one lunch and another break later in the day. The company told me that we only get one mandatory 30 minute lunch, but never mentioned anything about breaks during the day. I work more than 8 hour a day but I work at least 11 hours and I don't get any over time. There are times not only I but also my manager feel very threaten by comments made by our District Manager, who runs all the stores within our region. It is very stressful to work in an environment also feeling threaten that we might lose our jobs. "If you can't make those numbers, I can find someone who can;" one of the few comments made towards myself and my manager.
Posted by California
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I am a low income, self-supporting senior citizen. When I was hired, it was explained and "accepted" by the GM that I couldn't work nights because I don't see well and don't drive at night. Last week, I was told that I had to go to the night shift, I explained that I couldn't because of my inability to see. Today they fired me because of it.
Posted by California
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We were not paid our final checks that were due to us right after we were let go on 2/25/08 until 4/1/08. We were not paid overtime even though we worked 10-12 hours per day. We were not given breaks and we were told no one is to clock out for a break. Now the employer has altered the time cards to show we were taking breaks even though this does not tie back to the check stubs. We have filed a complaint with the Labor Dept. and feel now we have been discriminated against too. When we notified the employer they owed us overtime she just went and altered the past time cards so she did not have to pay us what was owed. My husband is 56 and I am 50 years old.
Posted by California
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I was hit by another employee with a broom. I did not hit him back, but left the area and immediately told the supervisor because he was still trying to attack me. This happened Friday. This morning, Monday, I was terminated. My supervisor said that it was because that shouldnt have happened at work. I have a bruise on my arm from the hit.
Posted by California
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Starbucks recently implemented a new system where employees have to take a training class - whereas if you didn't take the training class you can't work. I was out sick for two weeks with pink eye and have a doctor's note to verify my illness. I missed the training class. I have called the store I work in and have been told that I can't come to work until I'm trained and they don't know when the next class will be. I have been out of work since March 9. I have called them on a regular basis to find out what's going on, and they keep telling me that they will call me when the class is scheduled.
Posted by California
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My character has been shamed, I was fired without any type of warning which resulted in lost wages.
Posted by California
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I was having health problems, specifically sleeping problems, and I passed out while on the job. They fired me within two working days. After I was fired I went to the doctor to explain the passing out, and he put me on disability. I've been on disability since Nov 28th and am currently on it until May 7th, or until they find out what caused the passing out. I believe that my employer knew that my health could become an issue, because they previously told me that if my doctor's appointments got in the way of my job, they would fire me.
Posted by California
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Due to the verbal abuse, sexual harassment, name calling, and being set up to lose my job, I in turn developed stress related hypertension and now take medication as well as anti-anxiety drugs for when I had to go to work and face management.
Posted by California
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I had to quit my job because of the physical and mental exhaustion. My body would start to break down after the 7th-8th hour, but I was required to keep working. My co-workers and I were all required to work unreasonably long periods of time without a break. The tip money was good so the workers would never complain, because if they did the owner would cut their hours. A female co-worker told me she was cornered in the closet by the owner and physically detained for being 2 minutes late. We could not complain, and I had to quit my job and suffer a financial loss.
Posted by California
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I am a salaried executive assistant working for a non-profit organization (symphony orchestra). Aside from my administrative duties, my employer asks that I work into the evening after a full eight hour day at the concert hall to hand out programs, or to be an usher. Most recently I have been told that it is required that I work a full week, and then report on Saturday morning to work from 10 a.m. to 12:00 midnight to set up the event and work during the event as a runner for an auction, followed by working the next day, Sunday, from 2:00 to 12:00 midnight doing other event related activities. I was told that I could take one comp day off the following Monday or Tuesday � after working a 60 hour week. I am the only employee in this situation because hourly people are getting paid time and a half for their time, and the other salaried employees have these type of events included in their job description. Is this legal?
Posted by California
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I was physically and verbally harrased by a male coworker, which started on my third day on the job, nearly three and a half years ago. I did not report the incidents immediately but I did tell him bluntly to leave me alone, and later the employee was terminated by my company for harassing other female employees. Approximately three months ago, a sub-contracter that leases space in the building that I work in hired this individual as a courier to work alongside the same women that he had been harassing for years. Within a week of his new employment, he had begun making unwelcome comments to me. I again told him to stay away from me, then I went to his supervisor and asked him why this man was hired, if he knew about his history, told him of my own experiences and that he was already doing the same thing again. They did nothing except warn him to stay away from me. He did not. After another incident a few days ago, I again went to his supervisor and said I would not work with him another day. He set up a meeting with me and his company's HR department, who is a sub-sub contractor, and the meeting went very badly. I was told no action could be taken against the employee for what happened in his employment with my company and that they could not discipline him for engaging in conversation even though he had been told by me and his superiors to stay away from me. I spoke to my own company's HR department, who intervened on my behalf and the employee was terminated. Because this other company hired him and knew about his history with me and numerous other women he would be working alongside, many of which had indicated they were afraid of him within a week, yet kept him on and passed him on his probationary period, what are my rights and the rights of the other women I work with who were subjected to this treatment?
Posted by California
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I was verbally hired as supervisor for the "Spa" side of the Salon by the owner and the director. I spent approx. one month going to meetings, doing research, etc. I gave my ID, SS, Cosmetology license, and checking account # for direct deposit of paycheck. I received a call from the director telling me that the owner decided to let her sister take my position. I was strung along for approx. one month, never paid, identity theft, promised a position, and taken away with no reason. I had to give notice to vacate from my apt. and have to pay $1300.00 "break lease" agreement, no money and nowhere to go and I am a single parent. Do I have a legal dispute?
Posted by California
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9/07 Complained to HR that our promised commissions were not paid. The following week I was given a negative evaluation, and two more followed. On 1/9/08 I was given a letter to sign or quit. When I returned to work on 1/11/08, HR called and said that I had to sign the letter or quit. I told HR that I did not violate any rule and that I was not going to quit or sign the letter that did not relect the truth. I was terminated 1/11/08 for not following procedures. I have documentation that proved my supervisor wrote false information and witnesses are available. HR responded that no retaliation was found, quietly paid some of the commissions owed, but said they could not help the other employees because they did not complain. I worked without pay every Saturday or when I was called by a resident and was not paid at all. When I asked for pay, my supervisor said it was not authorized. I know that this is a very small case for your office. Please help me.
Posted by California
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I was terminated from my job and the reason I was terminated was for integrity reasons and not following policy. I did not violate any policies and I cannot use my job as a reference. I have an outstanding record, never sick, always there and I was a top performer.
Posted by California
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I have worked long hours that take toll on my body, I get hungry and am not allowed to eat, and sometimes I even get dizzy from working hard and not eating. My back and neck have been aching after my shifts from long periods of constantly standing and being on my feet, with no time to sit, and no break room to sit and rest.
Posted by California
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The company "Blues in the Night" failured to pay the band which is owed over $5,000.00 each from September 24th~ October 14th, 2007.We performed in a Broadway Play "Blues in the Night" in San Francisco, CA. Which opened August 9th,2007. We the band was promised with a faxed letter from the producer of the show, to be paid $5,000.00 each if we played till the end of closing night Sunday October 14th, 2007. However there was a bond that was taking out and is being held. To date we have not received any monies. They have talked about filing bankruptcy to avoid paying us. Please help us get back what we are rightfully owed. Thank you for your time and attention regarding this matter.
Posted by California
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Unwarranted verbal degradation, scrutiny of every piece of my work, found stealing some of my deals, contacted HR two times on these issues. The major event was the day he (the manager) snatched the phone from my hand while I was speaking to a client - not once but twice within 3 minutes. All is documented. Please contact me for clarity.
Posted by California
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I signed a 1 year contract with a non-profit. Two months ago they said they would have to cut it short by four months due to shortage of funds. This means I must move back to Canada very quickly which will cost a lot of money and lose 4 mos pay.
Posted by California
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EED has previously approved my claim. If the employer's appeal is successful, I will need to start paying money back to the State of California. Meanwhile I am out of work looking for a job. I don't think forcing me to quit because of the gout was fair as I fulfilled every duty that was expected of me.
Posted by Michigan
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I have had my CEO publicly comment on my physical weight and offered a $1000 bonus to lose it, a supervisor offered me a promotion and then retracted it because of perceived health concerns and have had an overnight hospital stay communicated to my colleagues as a heart attack by either my supervisor or human resources. I have feared reprisal because of what happened to a previous whistleblower, so have not pursued it until now. I am seeking a employee law attorney to handle a potential law suit.
Posted by California
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They owe me pay for a flooring job I completed for this company and because they are having problems within the company they are avoiding me and not answering my calls making excuses why they cant pay me. Also they think since they are selling the company they wont have to end up paying me.
Posted by California
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Two Loss Prevention managers questioned my daughter and accused her of stealing from the company. They never called me to be present and they confused her ,so that she signed a statement to repay monies back. My daughter says that they confused her and that she signed the paper because she felt pressured to. Did they violate any of her rights? Also when I became aware of this sistuation I hurried to the store to try and get this situation explained to me and they would not tell me anything. They told me they didn't have to show me any paper work or tell me what was said.Please help me and tell me if they terminated her for being guilty by association. Was this right what they did? She is a minor and they kept telling me she was hired as an adult. Am I in the wrong for thinking they violated her?
Posted by California
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I am paid by the hour, so when I am asked to not come in, I lose that part of my pay check. This negatively affects my quality of life, causing me much anxiety and feelings of helplessness, not to mention the very real affect of not being able to pay my bills. I was not told upon being hired that I would not be working a 40 hour work week, and that my employer could tell me not to come in.
Posted by California
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I have been employed by the same nation wide company for over five years. I was not given lunch breaks or other breaks as required by state law for 4 years.
I asked for compensation for overtime I have worked and have been told that I am not eligible for overtime. I have had my paychecks withheld without reason by my boss in the past. I was told I would receive compensation for doing certain jobs and never received it.
Posted by California
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General Manager has established new rules that apply only to me since my claim. I must report to him rather than my immediate supervisor. If I don't report to work by 9:00 am, my work will be given to others. I have a recording of the GM swearing at me and creating new policies as we speak.
Posted by California
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I was hired at a coffee shop for $10 an hour. I quit my other job (where I was making a lot more than minimum wage) to work for this place as it was a conflict of interest. I was told the pay would be $10 an hour plus tips and 2% profit shares at the end of each month.
On 11/19 my 4th day scheduled to work for this new place I called in to say there was a chance I could be late because I had to wait for the Sheriff to come to my house because of an eviction notice my roommates failed to tell me about until 7:30pm on Sunday 11/18, and if that was the case I would call him later and let him know if I would in fact be late or not but I WOULD be there. I got a call back saying "we have to let you go"
When I came in to pick up my money for working 22.5 hours it was only $160 cash plus $16 for tips. What I was told was "I'm doing you a favor giving you cash, because there wont be tax on it and it's more than what you will get from a taxed paycheck" I explained to him what he said when I was hired and he said "No I only hired (fellow employee) at $10 an hour" and that if I wanted an actual paycheck then I can come back next Friday when they come in for everyone else.
When working for him I only took one 20 minute break to drive a friend home, and worked two 8.5 hour days and one 5.5 hour day with no breaks at all, while he himself went to lunch with his dad and wife and ran home for paperwork he forgot and played with his kids while I stood behind the counter working the best I could having not been trained yet.
I also spent $10 of my own personal money to buy supplies for the store and was not yet paid back for them.
Posted by California
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I have had issues with the last two payroll checks. The first one I cashed at a cash advance, because I didnt make it to the bank and I later got a call saying the check didnt go through. The last check I received, I got a call from the bank saying that the signature on the check didnt match my boss' that they have on file. There is currently an investigation for fraudulant checks coming from the company I work for and now I may be out my $800 rent money.
Posted by California
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I was hired as Salaried exempt, but I did not get paid for the three "paid holidays" during my 3 month probation, but I had to work OT or attend late meetings after working hours w/o OT pay, during the same 3 month probationary period. Now after 5 months on the job they gave me a "verbal" 2 week notice of termination without cause. I was told not to report to work after my (verbal) two week notice is up. They also explained I was not eligible for unemployment benefits because they don't have to pay into it, since they are a a non profit Corp. Advise!
Posted by California
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I was hired as a general manager to receive those wages while working at the shop. I was to receive fire pay while working out on fires as well as a bonus at the end of the year. When I asked to get paid what I was owed I was fired and told too bad.
Posted by California
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Forced to work with an employee who verbally and physically attacked me repeatedly. I was in a management position and reported this to both the store manager and the district manager and no action was ever taken. When I finally quit I was suffering from major anxiety and was called a loser by the district manager. Unemployment has ruled in my favor. I have several witnesses.
Posted by California
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I'm a mechanical engineer and currently I'm designing and developing a new sprinkler for Rain Bird. My manager has consistently changed the design and now because of his input we are behind schedule. On Friday he asked me to resign or I would be fired saying I wasn't a good fit for Rain Bird. The real reason is that his decisions have delayed the program and now he's trying to cover it up and blame the delays on his subordinate. It's not fair but do I have grounds for a lawsuit? If yes what next?
Posted by California
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After learning of my sexual orientation management began to treat me different than anyone else in the department/company. They claim that I was not working my scheduled hours. While other employees came in late on a daily basis, took long lunches and left early. I was being singled out and treated differenly than any other employee because of my sexual orientation. I was never written up for anything. On 10/10/07 I was fired because of this and some other false claims which were made by employer. I was discriminated against by the company. In addition, at the time of my terminiation I did not receive my final pay or any information about when and how I would receive it.
Posted by California
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I have been physically pushed by my supervisor, she has threatened to have me "offed" or "dealt with" by her son after I get off work. I am told to serve food that is not servable. I have had to have my partner there, while I try to stop constant sexual harrassment. I am forced, as are other employees to stay when I dont want to after my shift is over, often in overtime.
Posted by California
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In May 2007, an old girlfriend from my teen years contacts me via email. We begin to exchange e-mails for weeks. Her current husband found some of the emails and he lost it. He called my employer (City of Arcadia Police) accusing me of using the internet to lure his wife away and to send the wife pornographic photos (completely false). My Captain hears about this man calling and now I am under investigation for having an inappropriate extra marital affair, causing embarassment to the Dept., I have been placed on Admin Leave and will most likely be terminated. How in God's earth can I get introuble for what I do outside the work place? This story has more twists to it. Prior to finding out about the complaint I chased a car jacker and caught him. During the struggle I hurt my back. I filed Work Comp papers three days later and now I am being accused of a false W.C. claim along with the afore stated. I have been order not to delete personal emails in my personal acccounts and they sought out phone bills for my old girlfriends phone. The husband gave the phone bill up without the consent of the wife (privilaged info). Anything that can be done?
Posted by California
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At the end of a shift worked today, the cash register I was assigned to was $20.00 short of expected amount. When employer could not immediately recover the money or its whereabouts, I watched him remove mine and fellow employee's tip money from the tip jar to compensate for the missing money.
Posted by California
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I work at a dog kennel in West Los Angeles, and my night shift is 7pm-7am. When I work normal daytime hours, my salary is $8.50. But when I work nights, I only make $105, plus commission, if there are more than 20 dogs staying with us. They started paying me $105 a night, just recently. For a long time, they were only paying $95, plus applicable commission. If they were paying me according to my salary, I'd be making $119 a night, including overtime. I heard from someone that they think they can get away with not paying us overtime, because there is a bedroom on the premises, and we are allowed to sleep. But its not exactly easy to sleep with a pack of dogs near you. And we are on-guard all night. What should I do?
Posted by California
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My bosses have been bullying me around telling me that I'm not doing anyhting right. They never finished training me and want me to do things that I don't know how. Then they get made when I do them wrong. I was on salary making $30,000 a year and they just put all there Assistant managers back onto hourly they sent me a letter that states I will be making $13.58 per hour. All Assistants work 45 hour weeks So to make my hourly pay the same as what I was making on salary they calculated the overtime. I have the letter they sent me. After my first check on hourly my boss told me they are cutting my hours because I make to much money and someone who makes less should get the overtime not me. If they cut my hours I will not be making the amount of money they promised me for taking the assistant management position. I moved up to Big Bear for Apple Valley because They promised me that I would be the store manager but now they are trying to fire me! I have to have asit down talk with both my managers about my check because it was so high. I had my overtime approved by my store manager and now he is taking it back because he got in trouble so now they are blamming me.I et yelled at on a daily basis for thing I don't even do. I was yelled at in the office by one manager because he said I shouldn't have any overtime when he is the one who put me back on hourly instead of keeping my on salary. I have been crying everyday because I know they are going to fire me by the way they talk to me and the way they act around me, They make me feel very uncomfortable but I need this job to pay my bills.
Posted by California
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I was interview for a job...signed a letter of intent, with job decription and compinstation packaged. Give start date. I stopped looking for work. New employer had mngmnt change and did not honor signed agrement. I gave two week notice to present employer to assume new job. I waited over two weeks to start new job and they did not honor agrement. Because I had the agreement I did not continue looking for work. I'm know without a job and no income. They should cover my loss income because they offered me a job and I quit the one I had.
Posted by California
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I am a convenience store manager and get paid a weekly salary. I am required to work a minimum of 50 hours a week. Some weeks I have worked in excess of 60 hours. I have never been paid for any overtime.
Posted by California
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I have been in the tow truck business for over 7 years. I have been bullied, harassed, been called names etc by little punk kids who have no concept of customer service. I have been placed on a separate work schedule at a straight pay rate ( far less than my normal pay) so that I am not working with the people harassing me. This has caused me so much distress both at work and at home. All I want to do is work like anyone else and bring home an income to help support my family. I am not a whistleblower, I have tried to resolve my issues with the people at hand, but resorted to finally telling the boss. His solution is to isolate me on a graveyard shift with a huge pay cut. I cannot afford this financially, or emotionally anymore. I also have restrictions placed on me that no other driver has. Basic harassment and discrimination. My wife has found every basic law code they have violated. But we both feel as though an attorney would be more aggresive at this point. I am a very kind, helpful and jovial individual with ZERO complaints. Customers always compliment me and to my employers about the pleasure of having an individual who actually cares about them. Apparently the other drivers in the company do not like this and do not want to provide customer service. they prefer to get their commission and get out. I am sure AAA who contracts with my tow firm would not be happy knowing these drivers are not checking vehicles before towing them. It's called laziness and greediness..
Posted by California
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Loss of employment, damage to my reputation, family moved for job, stolen my intellectual property and used my inventions to further their business. Lifestyle change, working 12 - 16 hour days for 7 months with no reimbursement. Made working conditions so unbearable I had to leave. Yhey did this so they would not have to pay commission.
Posted by California
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I was promised a job and housing with a company. I did three job interviews, background and even did a personality test on line. I passed everything and was told I could pick up keys to the housing and was told a start date. I picked up the moving van on the day I was told I could start and move in. I started packing it up. Half-way through this I got a call from the employer stating she had bad news for me. She said I didn't have a job because the current manager decided to stay. When I spoke with the current manager the day before she said she couldn't wait to leave. As a result we were now going to be homeless if we didnt move two hours away into a vacation home we owned. My whole family was uprooted. My husband travels two hours, one way', five days a week so we have money coming in. I also turned down a job for this one so we would have housing. I now live in an area that has no jobs in my field or just about any other. We have moving debts and bills we can't pay. I am looking for work, but still haven't found any.
Posted by California
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I have lost 1500.00 month in wages, had my stress claim denied with medical substantiation, lost all opportunity for upward advancement, lost 30 lbs., nightmares, unable to sleep, massive headaches, massive loss to quality of life, and I am being placed back in hostile environment, etc, all of which I have evidence of.
Posted by California
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I have been stressed out about keeping my job and feel enormous anxiety about going to work. I have missed three days of work due to suspension, without pay.
Posted by California
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My co worker called our manager that day to ask if we can find someone to cover our shift so that we could work on our senior projects. The manager agreed and said that it was ok as long as the person asked to cover our shift was ok with it. We asked another co worker and she agreed. About 2 hours later my co-worker recieved a text message from our manager stating that our help would not be needed at work anymore and that our checks were finalized. The text message was direct at me as well, although I didn't recieve a phone call or a text message.
Posted by California
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I had been called in to work a double shift (*1030am-11pm) to cover for another coworker who "no called no showed" when i was originally scheduled to work a single shift (3pm-11pm). Managers did not want to pay overtime. Clocked me out at 8 hours but kept me working. Told me i would get paid for remaining hours on a day off (*but not at overtime rate.) Have been suspended pending investigation of uncharged drink that i served while "off the clock". Manager later adjusted my time sheet to reflect hours worked in order to be able to write me up for not charging for a drink to a patron. (*Drink in question was not made with the intent of giving away but rather was made by mistake on my part. I misread an order receipt and made one extra drink. Instead of throwing the extra drink away i offered it to a guest at my bar.) Also i was not afforded a second break. I have also worked through all my breaks.
Posted by California
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In June of 2006 I had been promoted to position of the "Acting Program Supervisor" of a six bed Residential placement for troubled young boys with mental and emotional disorders. I was also still performing my previous duties as a Residential Senior Counselor. During the next ten months I received no direct supervison or training for this new position and a compensation of $75.00 per week as a differential in my pay to account for all the additional duties I was required to perform. I was told I could not be promoted to this position full time because the agency needed to hold an open position for an injured worker but when that matter resolved I was welcome to apply for the full time position.
In April of 2007 I was informed that another, full time, supervisor was going to be taking over my position and I would return to being a Senior Counselor. When I asked why I was not being allowed to apply for the position full time as originally informed I was told that the agency never had any intention of offering me the position full time because of cut backs they knew were going to happen.
In May of 2007 two other Program Supervisor positions became available in similar cottages. I requested to apply for them and did so. I brought a resume but during the interview, which lasted less then four minutes, they refused to look at my resume.
Later I was informed that "It was not going to work out" and told to question two of the Assistant Residential Directors about why I was not an acceptable candidate. I did so in the form of phone messages and emails to both of the Assistant Directors and have never received a reply.
I am currently still in the same cottage I was previously supervising as a Senior Counselor.
Posted by California
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I called in sick on Friday 6-8-07 and on Sunday 6-10-07 I was told my services were no longer needed. My employer never gave me the breaks I was entilted to and I believe that she fired me because she knew that I was getting sick of the way she was treating me and the fact that I called in sick on the busiest work day of the week. FYI: they have a reputation of doing this to past employees.
An increasing number of employees in all kinds of professions find themselves working longer hours without overtime, from IT to domestic workers. Perhaps they have been discriminated against when layoffs occur, or overlooked for bonuses or promotion.
READER COMMENTS
Lauren Rios
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Boston Fowlkes
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Rachelle van beek
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Dru Enser
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Roger G Machuca
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Addy
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Alberto Ayala
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Michael Glaude
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california
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my questions are.....
is it illegal to have somebody work for 6 straight days then all of a sudden tell them you cant accommodate for their limitations and place them on an unpaid uninstructed medical leave?
is it illegal for the on job site EMT to not disclose full information about this COF and medical leave?
is it illegal for an HR representative to open a case for you without authorization from the employee (me)?
Maria M. Mise
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Shuagao Yang
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Katrina
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eric sanford
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Po
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jem
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Allie Jaye
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Are any of the above illegal? I'm pretty sure cutting off our 10 minute breaks are, and that they cannot penalize us for talking about wages, but I'm not sure about the bathroom (hazardous waste?).
Sally Lane
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Tricia Burton
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California
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Tino R
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Wife
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kenneth
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Janet Morales
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Chris K
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newjerseywork
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Christine Lowe
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Margarita Martinez
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Edgar heras
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nancy
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Mitch lee
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Bryan
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chris francis
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Courtney Robinson
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patty
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Stressed Stylist
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California
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usha
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Amanda O'Dell
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Please help me understand if this is legal.
cathy
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ARNOLD L. GABRINEZ
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California
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10-minute breaks. When caller worked over 12 hours, the company would not give him a 2nd lunch. Caller was caught using his cell phone while working and was sent home for three days (with no warning or writeup).
California
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Anonymous
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California
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North Carolina
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Anonymous
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California
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They also do not allow her to go to the bathroom unless it is her scheduled break.
California
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Mississippi
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They are clearly breaking our legal contract, and in more ways then one.
California
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Anonymous
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I notice that he was very upset. He asked me what happened and I replied that I never been there before and got lost. He started shouting and using very offensive words. He said very aggressive that I f**k up. I had my head up my *ss.
California
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Now, there is a document, that gives you the opportunity to pay that fee and get the card renewed and that document comes 6 weeks to one month before your card gets cancelled.
Every 2 or 4 years I have been receiving that document to get my card renewed because I knew what the consequences were if I didn't, and every 2 to 4 years, this document has been coming to my address, up until last year (2007). I did not receive that document.
No questions asked, I took the necessary steps to get my card back and was told that the process was going to take up to 3 weeks to be cleared and I will be back to work in no time.
There was a young gentleman in the same situation as I, and he was put back on his post way before myself.
I have been working for this company, on the same post for over 2 years, and now I am not working because of this current situation.
I tried to file for unemployment and they are basically blaming me for not renewing my card, therefore, I have no income coming in and bills are due now.
I ask you what I am going to ask unemployment when I turn in the appeal letter,"How am I suppose to renew the card if I never received a document to turn the fee in?
California
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California
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California
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October of 07, after my hysterectomy, they cancelled my insurance while I was still on medical leave without my knowledge or offering my COBRA.
California
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Michigan
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I asked for compensation for overtime I have worked and have been told that I am not eligible for overtime. I have had my paychecks withheld without reason by my boss in the past. I was told I would receive compensation for doing certain jobs and never received it.
California
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California
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On 11/19 my 4th day scheduled to work for this new place I called in to say there was a chance I could be late because I had to wait for the Sheriff to come to my house because of an eviction notice my roommates failed to tell me about until 7:30pm on Sunday 11/18, and if that was the case I would call him later and let him know if I would in fact be late or not but I WOULD be there. I got a call back saying "we have to let you go"
When I came in to pick up my money for working 22.5 hours it was only $160 cash plus $16 for tips. What I was told was "I'm doing you a favor giving you cash, because there wont be tax on it and it's more than what you will get from a taxed paycheck" I explained to him what he said when I was hired and he said "No I only hired (fellow employee) at $10 an hour" and that if I wanted an actual paycheck then I can come back next Friday when they come in for everyone else.
When working for him I only took one 20 minute break to drive a friend home, and worked two 8.5 hour days and one 5.5 hour day with no breaks at all, while he himself went to lunch with his dad and wife and ran home for paperwork he forgot and played with his kids while I stood behind the counter working the best I could having not been trained yet.
I also spent $10 of my own personal money to buy supplies for the store and was not yet paid back for them.
California
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In April of 2007 I was informed that another, full time, supervisor was going to be taking over my position and I would return to being a Senior Counselor. When I asked why I was not being allowed to apply for the position full time as originally informed I was told that the agency never had any intention of offering me the position full time because of cut backs they knew were going to happen.
In May of 2007 two other Program Supervisor positions became available in similar cottages. I requested to apply for them and did so. I brought a resume but during the interview, which lasted less then four minutes, they refused to look at my resume.
Later I was informed that "It was not going to work out" and told to question two of the Assistant Residential Directors about why I was not an acceptable candidate. I did so in the form of phone messages and emails to both of the Assistant Directors and have never received a reply.
I am currently still in the same cottage I was previously supervising as a Senior Counselor.
California
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