Enfield, CT asked in Employment Law for California

Q: In california, can an employer count your days off against you when calculating your daily quota of work?

I work in CA doing some sort of customer support. We have daily goals calculated as a monthly average we are expected to hit. So basically I am expected to do X number or cases per day. They then take my total for the month, and divide it the number of working days that month. The issue here is if I use my time off, either vacation or sick time, I am still responsible for that X number of cases. It seems to me that I am not getting my time off, which is part of my contract, if I am still responsible for the work I would have done that day.

Related Topics:
1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: There is nothing unlawful about your employer setting unreasonable or unattainable goals for you. However, this approach may violate the California Healthy Workplace Families Act, California's paid sick leave law, if it is determined to be a form of retaliation for taking protected medical leave under that act. The same is true if you take protected medical leave under the FMLA/CFRA or the ADA/FEHA. As to your vacation time impacting your quota, there is no legal argument there. Unfair? Yes. Unlawful? No.

Good luck to you.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.