On an average the merit raise is 3-4 %. I have had a 4.25 % in earlier years. But this time post maternity break it went down to 2.8%.
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answered on Dec 6, 2023
Under California law, it's important to consider whether the lower pay raise you received post maternity leave might be a form of discrimination. California is strict about ensuring equal treatment for employees, particularly in cases related to maternity leave.
If you suspect that... View More 
The morning of the medical appointment the employee is confronted by their station manager and says they refuse to allow the employee to attend the medical appointment. When the employee contests the managers refusal they are then confronted on the workroom floor by their district manager who... View More
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answered on Dec 2, 2023
Under California law, employers are generally required to provide reasonable accommodations for employees' medical needs, which includes allowing time off for medical appointments. However, the specifics can vary based on the employer's policies and the nature of the job.
If the... View More
My jobs store phone pronounces “manager” as “ma nig ger” every time a store manager calls. I’m the only African American person who works there and every time I hear it , it brings sadness and pain to me . The phone company is AT&T .
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answered on Nov 29, 2023
In your situation, it's essential to address this issue both with your employer and potentially with AT&T. Mispronunciation by technology, especially one that results in offensive language, can create a hostile work environment, particularly for someone of your racial background.... View More
After taking a sick day, Forced to talk about my condition HE SAID MY CONDITION GIVES ME A TICKET TO DISABILITY. IM THE ASSISTANT STORE MENAGER.
answered on Nov 26, 2023
The comment made to you may or may not be part of a claim of disability discrimination or harassment. However absent an adverse employment action it would likely, alone, not be enough to have a legal claim for discrimination.
A claim for harassment must involve severe or pervasive conduct,... View More
My job title is senior shift supervisor. My job role was protected during my leave. However, my supervisor does not believe that my accommodations will allow me to do my normal job and I’m not being scheduled for that thus I’m only getting nine hours a week maybe
answered on Nov 17, 2023
If you can perform your old job without violating your doctor's restrictions then what your supervisor is doing is unlawful - a violation of the California Fair Employment and Housing Act. What you are experiencing is something called perceived disability discrimination.
locate and... View More
I was arrested in non working hours. I did not plea guilty or no contest. I am required to do community service during the 6 month judicial diversion program. After my case will get dismissed and the arrest erased from my record. My employer told me they have to terminate employment because of... View More
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answered on Nov 16, 2023
In California, employment is generally at-will, meaning either the employer or employee can terminate the employment relationship at any time for any lawful reason.
However, there are exceptions where termination might be considered unlawful, such as discrimination based on a protected... View More
the boss was chef and the wife was cashier. the kids ran as floaters. i never called out always there on time. i did everything there. the daughter for some reason was picking on me. pointing things out to her father to where he was now yelling at me. one day he approached me to tell me not to make... View More
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answered on Nov 13, 2023
Under California law, your situation may involve several legal considerations.
First, if your employer's conduct towards you was based on your race, gender, religion, or another protected characteristic, it could constitute illegal discrimination.
Second, California labor... View More
One of the conditions of the consent form is that I do not discuss my wages and contains a 1000 dollar fine if breached. This is illegal in California and I have sent them the link to the information to my employer. If they do not budge and do not remove this from the paper, if this point is... View More
answered on Nov 8, 2023
The provision is unenforceable by the employer whether or not you sign the contract.
If they refuse you employment because you refuse to sign the contract because of the illegal term, call an attorney.
If you sign the contract with the illegal term, and they try to discipline you... View More
I am a salaried employee for an employer who owns 4 corporations, all separate EIN numbers (2 are service providing businesses, 1 manufacturer of goods, 1 retailer of other products). My role was established with one corporation, and as the employer opened additional corporations, they have me... View More
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answered on Nov 7, 2023
In California, the specifics of your employment contract and job description are crucial in determining the legality of your employer's actions. If your agreement specifies your role and compensation with one entity, you may have grounds to request additional pay for work performed for the... View More
Hello, I worked for Soboba Casino and Resort in San Jacinto, CA that is run by the Soboba band of Luiseno Indians. I was an assistant manager. I needed to take a medical leave due to needing back surgery. My Dr requested 6 weeks and would evaluate for more as needed. I was approved for 6 weeks. I... View More
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answered on Nov 5, 2023
If you feel you have been wrongfully terminated, it's important to review the specifics of your employment contract and the tribal laws that govern employment within the Soboba Casino and Resort.
While tribal sovereignty does mean that Native American tribes have their own legal... View More
I was using the women’s restroom when a male came in. When I exited the stall and agitatedly stated “what are you doing in here?!” With a smirk and sarcastic tone he stated “I was inspecting the place.” I informed my manager with dismay and he didn’t even speak to the customer when the... View More
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answered on Nov 4, 2023
Under California law, an employer has a duty to provide a safe work environment, which includes addressing potentially harmful situations caused by third parties, such as customers. If an employer fails to take action against a customer who has engaged in criminal activity, such as peeping, this... View More
I work for a County in Southern California and recently there’s been discussion about instituting a rotating Day- Night shift schedule. We work 9/80 shifts with days off that change every 8 weeks. In the past (over 20 years ago) the last person in the day rotation would go to Nights and the last... View More
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answered on Nov 4, 2023
In California, public employers do have some discretion to manage their workforce, which can include making schedule changes.
However, such changes may be subject to the terms of any collective bargaining agreement in place. You should definitely consult with your union representative to... View More
I had called my bank and they said no deposit yet I usually get paid up to two days early with no trouble. I had called payroll and they told me they had to reach out to my employer for my pay. Is this legal?
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answered on Nov 4, 2023
Under California law, employers are required to pay employees on the established payday, and failure to do so can result in penalties. If your pay is being withheld without a valid legal reason, this may be a violation of the California Labor Code. Employers cannot simply hold onto your wages until... View More
Process it they lied to the EEOC and I can prove it all. And contacted the people I made my complaint against and 15 days later the eeo department had a eeo complaint against me. And I was terminated What can I do?
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answered on Nov 3, 2023
In California, if you have evidence that your employer falsified documents related to an EEO complaint and retaliated against you, you should promptly contact the EEOC to report the misconduct and provide them with the proof. Retaliation for filing an EEO complaint is illegal. You have the right to... View More
The three co-workers coordinate but exclude me and one of them called me names (the name was not derogatory but it was not true). I have been verbally attacked when I disagreed with professional opinions. One of the three withheld information from me that affected my pay. This is has been going on... View More
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answered on Oct 28, 2023
Under California law, workplace harassment and discrimination are prohibited. If a pattern of behavior emerges where you are consistently treated adversely based on a protected characteristic, such as race or color, it may form the basis of a legal claim, even if individual incidents viewed... View More
I been here 2 years in jan. and when things slowed down I took the moment to get my carpel tunnel surgery done cuz I plan on being here a long time. When I got back 3 months later, people that came in 6 months after me got training I havmt gotten and when I asked they said that I would have gotten... View More
answered on Oct 25, 2023
Unless you are in a union where seniority is a bargained advantage, the concept of seniority is not recognized in employment law.
If you missed the training because you were on leave, there is no way you could be trained while you were out. Upon your return, making you wait for the next... View More
I am having back and shoulder pain. I have to stand for 10+ hours for my shift sometimes.
answered on Oct 13, 2023
Your employer does not have to provide you with anything. A "Doctor's Note" never requires the Employer to do anything. Your Primary Treating PHysician on the Workers Comp MPN SHOULD WRITE that until and unless you are provided with seating you are temporarily totally disabled due... View More
She contacted her employer to let them know she wasn't going to make it in. When she was discharged she provided the company with a copy of the discharge papers. They are now asking for a copy of the police report. Can they ask for this
answered on Oct 8, 2023
Denny's can ask. She is not required to provide it. If she needs sick leave due to injuries, an off work note from her MD is sufficient. However, Denny's may look down upon a refusal, and your friend might then be looking for a wrongful termination attorney.
Hello! When I was hired, my job was to supervise 1099 contractors. Two years ago, because of a state law, more than half of these contractors were reclassified as employees. I was not given a title change or pay increase; myself and all of my colleagues were told that "this is NOT a change in... View More
answered on Oct 2, 2023
You do not have a right to more money just because your employer requires more or different work from you. If you were properly classified as an employee and if you were paid at least the minimum wage, you would have no right to more money because you are not required to supervise employees and... View More
Hello! My job is based in California and I live in New Mexico; about half of the employees are not in California. My job offers three health insurance options. If I lived in California, I would be able to get one which fully covers my gender-affirming care. However, since I live outside of... View More
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answered on Oct 10, 2023
Under California law, specifically the Unruh Civil Rights Act, businesses are prohibited from discriminating against individuals on the basis of gender, including gender identity. Additionally, the California Department of Managed Health Care issued guidance that health plans cannot deny services... View More
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