Employment Law - California

can i ask my former employer to see my payment records?

dirtytini — Fri, 20 Nov 2009 17:46:36 GMT

was wondering if i can i ask my now former employer to see my payment records? heard from other employee that theve cut some hours without their knowledge.

was "let go" the day after i gave my two weeks notice.

dirtytini — Fri, 20 Nov 2009 05:13:55 GMT

Not too long ago I gave my two weeks notice at work, the next morning the manager called me and said after informing the owner of my two weeks he was told to let me go right then. The manager told me he was sorry for having to let me go early. &nbs... Later I asked the manager the reason i was fired, and he said the owner emailed him to just forgo the two weeks and to let me go right then. I asked the manager if he could get me a real reason why i was fire. He later called me and said that it was HIS mistake i was let go early. He said he thought he was doing me a favor by letting me go early because he assumed i was misserable and thought thats what i wanted. If i wanted to leave early i would'nt of given him my notice at all. I asked him about the email he recieved from the owner telling him to let me go early, he ig... the question and&nbsp... if i wanted to finish working my two weeks. Knowing it would be a hostile work enviroment i told him i would think about it, but i probably won't be taking the offer.

I also didn't recieve my last check until about 28 hrs after i was "let go" (California resident)

Am i entitled to something??

thanks.

can nurses be fired over a 24 hour strike?

holdensjane — Thu, 19 Nov 2009 23:30:16 GMT

after 9 months of union /management negotiations and several contract halts and renewals, management has present a last best and final offer that our nurses union will not accept. we are going to vote on a 24 hour strike. 13 years ago this happened at my hospital and all nurses who went on strike were terminated, even after the union (CNA) guaranteed that we could not be fired. this is a specialty hospital. Currently, the union is saying that but holding a 24 hour strike, the hospital is not at liberty to terminate any striking nurses due to the closed ended strike and that there is no adequate reason to claim that the hospital will be in jeopardy in the matter of 24 hours. the difference 13 years ago, they claim, is that it was an open ended strike which set grounds for termination. they will be given notice of the strike.

my question is that I completely think the contract terms set forth by management are unfair and unsafe. however, i am supporting an entire household on my income and can't afford to be terminated. Is the union accurate in saying management cannot terminate us over a 24 hour strike?

former employer hired his 21 yo mistress

dirtytini — Fri, 20 Nov 2009 07:08:23 GMT

my former employer hired his inexperienced 21 yo mistress and gives her every shift she asks for,or anything she wants for that matter. now the other good hard working employees are taking shift cuts. the entire staff and most regular customers all know very well the only reason shes there. She's by far the worst employee ever to work there. most have complained about her and still do on a regular basis, but still she's there doing what ever she pleases.

All while his wi... care of their daughter&nb... the other end of his house.

He obviously doesnt care about his buisness (nor employees). Its obviouse to everyone whats going on, but what can one do?

Unemployment Compensation in CA for not moving out-of-state?

zman79 — Thu, 19 Nov 2009 20:06:05 GMT

Hi-

I'm employeed in the state of California. My company has recently relocated its corporate offices to Colorado. They will likely be asking for me to move to Colorado in the next several months. I don't know that there will be an option for me to stay employed with this company in California. As far as I know (I need to double check) there is nothing in my 'at-will' contract that specifies that I can be terminated due to not moving with the company. The language in the state's unemployment law seems vague in this case. I could conceivably move to Colorado, therefore would leaving my job for that reason be a "fault of my own", or do you think the state will consider me eligible for unemployment because moving wasn't originally a part of the employment contract?

I really appreciate everyone's feedback!

Mandatory Meetings and compensation

atejeda — Thu, 19 Nov 2009 21:45:45 GMT

I was wondering if an employee makes meetings mandatory do they have to compensate us. At what rate?

Can anyone put up the link for the CA law that states this? Thanks for any help.

I read this, is it true?

Employers must not require employees to perform any tasks before clocking in or clocking out (including getting in or out of uniform, running errands, etc.). Four-day, 10-hour and three-day, 12-hour workweeks must be approved by secret employee ballot or the employer must pay overtime. Employees reporting to work must be provided at least half their regular shift and may not be sent home without being paid for at least a half day’s shift of not less than two nor more than four hours. Minimum pay for callback work (e.g., for mandatory meetings, special arrangements for visitors, etc.) is two hours, regardless of the actual amount worked. Tips may not be credited toward minimum wage, nor may any portion be retained by the employer or salaried manager

Contract agency limits benefits, can we switch agencies?

Josef41 — Wed, 18 Nov 2009 22:41:54 GMT

Greetings,

I noticed another posting with a similar subject, but our situation is slightly different, so here goes:

I contract at a major technology company and manage 80 other contractors. Due to a negotiated service agreement and no direct supervison on the part of our client, we have no term limit for the contracts. Most people have years of service accrued, so we are outside of the range of any clause limiting our employment options.

Recently the agency has reduced it's unique (for contracts) benefit package. They changed the holiday pay program (making it more difficult to qualify for holiday pay). They also amended the vacation pay program. Instead of qualifying for a week of pay for 1500 hours accrued from your start date which varies by individual, now time accrues from an arbitrary date that is that same for all. While this makes sense, the clock resets for all on the new date. While some will still qualify, many will not based on the month they were hired. For some this will be worse than others as you could have 1400 or so hours by the new date, and lose it all.

We are all fed up with these changes and the way the news is delivered. Would there be legal ramifications if the whole team of 80 moved to another agency? We could negotiate a new percentage that would benefit both our staff and our client.

Thanks for any guidance!

Petition for Writ of Mandate HELP

kbri73 — Thu, 12 Nov 2009 06:51:19 GMT

Denied unemployment. CUIAB reviewed the case and basically said that the only way I could win would be in a court of law where factual evidence would rule over hearsay evidence. In my case I have "factual" evidence and proof but they clearly state in their response back to me that the judge did not give much weight to my testimony and factual evidence has equal amount of weight as hearsay evidence,but they did not want to "disturb the appeal". They said the judge could of based his decision on my demeanor. I need to do "a Petition for Writ of Mandate" to do a further appeal but having a hard time finding a lawyer who will listen to me. Any suggestions? Is this something I can do by myself with help from a service like "We the People"?

Falsified termination documents - CA

Lorimar263 — Tue, 17 Nov 2009 20:45:17 GMT

The documents presented to me at the time of my termination includes false/inaccurate information regarding the reason I was terminated. Any ideas how I should proceeed?

Internship Laws in California

SD2LA04 — Mon, 16 Nov 2009 22:01:44 GMT

I interned for a company in southern California for about 2 1/2 months, did not get paid for it and was not able to receive school credit. I have read that this type of hiring practice was illegal. Can anyone please give more details regarding laws surrounding hiring interns and if I am able to sue for any type of compensation.

Change in hiring agreement

HELGAP — Sat, 14 Nov 2009 08:52:12 GMT

Can i get unemployment if there is a change in hiring agreement, such as hours?

If you don't know, just don't answer please. Wish I could find an EDD person. haha

FIRED WITH NO WARNINGS AND GOOD WORK PERFORMACE

Hello Stephy — Wed, 11 Nov 2009 08:16:17 GMT

Ok, I worked at a law firm as back up receptionist for about a year and for some reason one of the partners disliked me and would always be on my butt about the littlest things.All of the other partners seemed to have oved me because I would help out their teams and mailing. Well, 10 months of me working there, the main receptionist got promoted to another dept. and since I have been there for almost a year, you would think I would move up to main receptionist, right? Wrong, instead the partner that disliked me hired her sister, which was her nanny, to take the position instead! She has no computer or phone skills at all! I was upset about it, but put it aside and busted my butt to train her sister (I would stay late making color coded spread sheets font 20x so she can read since she brought 3 pairs of glasses everyday and is a recovering coke addict!), which took me to the day I got fired. I mean I had to train her to even DOUBLE CLICK the muse to open a program! I called in to work sick which was on a pay day, thinking it would be ok too since I was ill and someone would be there to cover the receptionist breaks and lunch. I received phone calls from my coworkers telling my they made a file clerk to train on the phones instead, which sounded really suspicious cause everyone (including HR) would talk behind her back saying that she brings drama to work and is 250 lbs! I don't know of any company that would hire/train a girl like that to be the face of the company. A week later HR called me into her office and told me I was fired cause of "behind the scenes activity." This is complete BS cause I busted my balls to keep this law firm in tip top shape and to make her sister look good when the whole time the partner was just trying to get rid of me. I applied for unemployment and the lady over the phone said HR told her that I was fired cause I had a lot of write ups and sit down meetings, which is a bunch of lies!!! My HR (which was my boss) never ever told me anything about having a bad performance and I dont haveanything in my portfolio of bad workmenship. I know there was a previous employee that sued against the firm and won, but i on't know why she sued. I think harassment.Do youthink I have a good case to sue? & should it be for harassment?

Fired without reason

Tim Landucci — Sat, 07 Nov 2009 20:35:23 GMT

I understand CA is an "at will" state with respect to hiring and firing employees. And this is probably a dead-end. But the circumstances of my firing really bug me, and at the very least, I'd like to know if I have any kind of recourse to request a reason.

I was a very loyal employee, and very good at what I did at my previous job. I had had talks with the owner about my future with the company, making it clear that I was there for the long haul, and that I wanted to make the company a better place where I could. The discussion was very positive, assuring me thing would get better (we'd had several lay-offs, and my hours had been cut).

Out of the blue, a few weeks later, I was called into the HR office and fired. They made it very clear that it was NOT a layoff, but a firing, and they gave me no reason at all for it, stating they didn't have to give me one. Bear in mind, I had had no previous write ups or disciplinary actions taken against me, and I was a well-liked employee. So this was a complete blind-side, and it seems completely unfair that a) I was fired when most others let go were laid off, and b) I had seemingly done nothing that warranted it.

So, any info that can be provided would be great, even if it's only to confirm that they did nothing wrong.

travel time

smrty — Mon, 09 Nov 2009 06:53:01 GMT

I worked for this property management co, and there is a policy where if You had to travel outside of Your property where You work at they would pay mileage,, i since found another job but never got my mileage compensation, what can I do? I filled out the proper paper work but never got anything.

Termination or suspension? Can they legally just suspend me

Mel Bristow — Sat, 07 Nov 2009 16:04:10 GMT

I am an at-will employee in a customer service/sales associate position. Our corporation has a relatively new policy in place where we have designated 'metrics' - certain items, randomly picked by corporate, which we must try to add-on to customer sales at the register. Nothing new under the sun, I understand. The policy however, for our company is, any employee who does not meet every metric each month, will be counselled, and then go through a progressive write up stage. This is happening all across the country (I am in California). I received my first official write up yesterday. While reviewing the form, I noticed the last box (perhaps my future should I fail in their objectives in the next 2 months) stated the consequences would be EITHER termination or suspension for up to 12 months. I was wondering if this is legal in California. And if so, why? Because if it is, would not everyone just suspend a poor employee, instead of firing them, so they would not have to pay unemployment benefits? I'd greatly appreciate help on this matter, thank you.

W/o signing confidentiality agreement, how do I get paid?

pepsei — Fri, 06 Nov 2009 20:08:27 GMT

I have been working for them for less than two weeks and I understand why they want it signed.However I have not been given access to anything like their financial information or customer lists or anything significant.

I feel that if I talk about their business to someone else or discuss how they are able to succeed because they do certain things well, this would give them the right to sue me. What if this was just a casual conversation? What if I tell one person and they go out and try to copy their business idea or model, I feel I'll still be the one getting sued.

Their staffing agency says I must sign or I cannot get paid. Is there any way around this?

Cross-Cultural Training for H1BVisa employees

Pat49 — Thu, 05 Nov 2009 19:57:37 GMT

Greetings,

I am currently conducting a needs analysis as part of the process of starting a new consulting company. I have a background in International Management, and am thinking of starting a company that provides training to managers from other countries who are managing US employees.

I would be most grateful if you would help by answering a few questions :

In your experience, are companies that employ foreign workers and managers providing cross-cultural training for their H1B Visa employees?

If companies do provide cross-cultural training, is it effective? Is there room for improvement?

If companies do not provide cross-cultural training, why not?

Would you recommend your clients that employ foreign workers offer a training workshop in US management practices and employment law? Why or why not?

Many, many thanks for your kind participation.

My aunt still need help.

VP77 — Thu, 05 Nov 2009 20:29:01 GMT

My aunt held 2 years H2b visa and she have problem with her employer about her wage. I am as her niece she asked me to help talk to her employer about her settlement before she send her back on Dec,her employer came to agreement to paid her $1500. He paid her on Sunday with me sign as witness. Before this discussion occurred he allow my aunt to come visit and stay with me before for 2 days. Now that this occur he told me my aunt can request to go back to Thailand anytime she want,that he gonna send her back as soon as possible,but do not allow my aunt to come stay with me til he purchase her ticket saying that it's his responsibility and also kept my aunt from contacting me on the phone even though he told me that I can come visit or call. I checked information about H2b visa and it's dedicated that there are no restricted about traveling,and I called US-CIS they told me that if she being terminate her visa will not be valid anymore that she couldn't travel, but the situation is she still stay at her employer place as his employees and her visa still valid. Does she have a right to come stay with me as her request till the date she have to go back? Does her employer have right to not allow her stay with me or kept her from contacting anyone on his phone even though in front of me he told me she can use to phone. What's my aunt right that she have...I been call many places even department of labor. As immigrant employees we give notice when we quit and have the right to quit but as my aunt situation I'm not so sure,I kind of believe that she have right to stay with her relative as long as her visa still valid and her employer's right is to know who or where she staying...I do believe he did not have the right to not allow my aunt to stay with me or kept her from contacting me....that's sound like violate civil right or personal right. What should my aunt do differently to stay with me legally till the date to go back? Please help us my aunt didn't want to stay with him anymore,she can't take being treat unfairly any longer. I would appreciated your suggestion very much. Thank you.

breach of agreement

rperez1 — Mon, 02 Nov 2009 06:48:50 GMT

Back in 2007 I was fired and during this I had a settelment going with my employer,we settel and part of the settelment was that this employer was not to say why I was fired and only give dates of employment and reference.

Well 2 years later I get a Job at Con Way Freight and in two months I get called in to the boss office to get terminated because in a back groung check he finds that my former employer stated that I was fired for violating company policies and having tomany acidents,I have 5 working day to correct this of lose my job.

What can I do about this and do I have a good cause for sueing my former employer and for what???

breach of agreement

rperez1 — Wed, 04 Nov 2009 01:18:50 GMT

I had a former employer violate a agreement we settel on by declaring more than what was to be mention if anyone call about my employment there ( only dates and references should had ben declared) insted they lied and said that I was fired for having to many acidents and violating to many company policies, now I was kept from working untill they fixed this mess so my ? is even though I did not loss my job but 4 days of work could I still that them to court for violating the agreement and what all can I claim in court?

Thoughts?

mom2ojgh — Mon, 02 Nov 2009 21:04:05 GMT

Sorry this is long... it is complicated...

I am early 40s, been working for consulting firm for 10 years as at will employee via contract (have employment contract that states I am at will)... 8 years traveling and then I negotiated to work from home the past 2 years (to spend more time with my children). Firm AGREED to let me work at home (I'm first to do this) but over the two years, it became obvious it wasn't working well, I didn't get enough work, it was poorly managed, etc. I kept asking but they didn't give me assignments so I had enough billable hours, yet they kept paying me and didn't say anything. I've been given very high reviews on my work and performance and never told I needed to improve or change what I was doing.

Finally in August boss told me being at home wasn't working and said I had three options: 1) they'd help me look for a new job (which totally blindsided me and freaked me out), 2) I could go part-time, and 3) I could travel again full-time. Thinking they were ousting me based on the "We'll help you get a job" comment alone, I said I would travel full-time again while looking for a new job. To me, it was obvious they wanted me out and I was being honest to let them know I'd go...

A week later company prez called and said the firm had financial difficulties and was downsizing (true). He said by rights they should cut my position entirely (???) but were keeping me at half-time as a courtesy (cutting me to 50%) due to my length of service. That's where we are now... I work half-time from home against my will because the pay is better than unemployment.

The kicker: I am the most senior employee in my office. I was the ONLY one company-wide cut 50%. Here is the breakdown of the other staff:

Male, early 20s, two years with firm -- furloughed 10%

Male, mid 20s, three years with firm -- furloughed 10%

Boss' daughter, about 40, three years with firm - furloughed 10%

Female, mid 30s, four years with firm -- volunteered to go without pay for a month during her wedding period but back to full-time with 10% furlough after

Female, late 30s, one year with firm (junior-most empl... -- laid off

NO WORD ON MANAGEMENT CUTS/FURLOUGHS...

In our other office on East Coast, two part-time female employees were laid off.

I am the senior-most employee but was cut the most besides the junior-most being laid off. I have never been given an explanation as to why other than "fiscal difficulties." NOT A SINGLE MALE WAS LAID OFF COMPANY-WIDE. All the women laid off or cut are married and all but one have young children.

My questions:

1) Do I have a case of discrimination based on gender and/or age?

2) Did I give away any chance to pursue legal remedy because I volunteered that I would look for other work? I honestly was freaked out when boss threw that out there and figured there wasn't much other option. I did NOT realize they might use this against me in considering who to lay off and how much...

3) Should I find a legal rep. to help me leverage the situation into a severance NOW before they terminate me (as I expect them to do when they realize I won't get a new job in a few months in this economy)?

Disabled and Terminated By Employer

Udejxx — Thu, 29 Oct 2009 22:47:49 GMT

I was recently terminated from my job of seven years at the beginning of October 2009. I was mailed the termination letter which stated that I would remain on the company health plan until the end of the month. Since I have been disabled since January 2009, I have several months of my portion of health benefits to pay. I have now received a bill for cobra payments which they stated started 6 months ago. Can they switch me to Cobra without notice when I am still showing as an employee? Also they are telling me that as of November 2009, I will have to pay cash for all medical services and prescriptions until I pay the cobra premiums. Is that legal per California law?

Thanks for your assistance

Breach of Employment Contract?

gem1970 — Tue, 27 Oct 2009 21:24:08 GMT

Isn't it contradictory to State Statutes for an employment contract to state that the employment is at-will and may be terminated at any time by either party, with or without cause, but still have a specified period of employment, such as "period beginning August 1, 2000 and ending June 1, 2010"?

The employer also specifically told the employee that her job was safe and that she hadn't been "written up" and would know if she was going to be fired. The employer also provided the e-ticket for an international faculty trip during the summer. Information gleaned on the trip would be used during the next year by faculty. The employee had every reason to believe she would be employed for the duration specified in the contract. The employee had signed contract, then it was rescinded.

Any input besides, "Consult an attorney" would be greatly appreciated. I have consulted many attorneys and am currently utilizing the services of one. I am trying to understand better.

Thank You

Change my status from Full time to Contractor

MI Guy — Tue, 27 Oct 2009 22:26:46 GMT

Our office on the West Coast is closing down. My last day as a full-time salaried employee is Nov 30. My employer wants me to switch over to a Contractor status immediately afterwards. This will be for a short period (couple of months) until I finish up remaining tasks for the company. Then my contract runs out. I am concerned that after my contract ends that I will not be eligible for unemployment. Is that the case? Is there a way to protect myself to still receive unemployment after the Contract runs out?

Possible "Constructive Discharge"? I don't know! Help!

Yesenia Alvarez — Tue, 06 Oct 2009 01:08:25 GMT

I had been working for his Medical Office for almost 11 yrs, I was recently terminated for attendance problems, wich I must admmit I am GUILTY!, that has always been my problem since day one (tardiness), but pretty much my good working skills helped keep my job. I have never missed work for long periods, (besides vacation or maternity leave(once)), till now. My mother has developed really chronic health issues which the company was very well aware of, since she is a patient to the office. I had told my supervisor that i might be out for about a week or two because of my mothers surgery and she would be needing care since I am only daughter.

I've always known my supervisor never really liked me, but all of sudden right after my mothers surgery she started giving me more attitude than ussual. At my job whenever a patient needed a letter or a if a doctor needed a letter to be transcribed i would have to approach her to do it (that was part of her Job), which before she would say "ok I'll take care of it" but now she do the rolling of eyes and the sye and tell me " Dont expect me to this right now!". I would just get rudness and cold attitude from her.

I was really considering on resigning my position but I didnt because I really loved my Job, so one morning I just coulnt take it anymore so I called HR and told them the Issues I was having with my supervisor and I requested 1wk off due to stress (No Dr's note), which was approved. When I returned I had a meeting with HR,My Supervisor, and the Medical Director. We discussed the situation (my Supervisor rolling her eyes the whole time with anger in front of HR) and agreed to try it again.

Well, ever since I got back to work all I would get is the silent treatment from her, all communications were through a MEMO, in the morning she would over-pass me and say good morning to the person next to me. HR called me to see how things were going and I told them that it had gotten worst, according them that was just her attitude to ignore it. For the next three weeks she made my life at work HELL, she overworked me, and would give others work load to do! One day I called out because of my mom's condition, the next day I get a call telling me that they had to terminate me because of my attendance!

I don't know if they might had planned on holding on to me so that I wont quit so that It would not be considered "contructive discharge", and 3 wks later terminate me!

HELP, I need some opinions!