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
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
answered on Dec 4, 2023
Per the labor code section 132(a) your employer is not allowed to discriminate against you for filing a workers compensation claim. Further, you are entitled to a day of Temporary Disability for a med-legal evaluation. If this is regular treatment, I believe you do have a claim for discrimination... 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
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.
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answered on Nov 26, 2023
Under California law, workplace discrimination based on a medical condition, such as Type 1 diabetes, is prohibited. The comments made by your store manager could potentially be considered discriminatory, especially if they contribute to a hostile work environment or impact your employment status... 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 27, 2023
I am sorry you are going through this. Your employer cannot force you to talk about your condition let alone disclose your diagnosis. Your employer is only entitled to the restrictions your medical condition imposes on you and the type of the accommodation you are seeking, if any.
Whether... 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 23, 2023
FMLA protections allow you to return to the same job, or a reasonably equivalent position. You do not say whether you worked full time or part time before beginning your medical leave, but working 9 hours per week is likely a big reduction in scheduled hours, which is problematic. Also, employers... 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
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
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answered on Nov 17, 2023
Under California law, employers are required to provide reasonable accommodations for employees with disabilities. This includes modifications or adjustments to the work environment or the way a job is performed. If you have provided documentation for your need for accommodations, your employer... 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
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
answered on Nov 16, 2023
An employer should not consider an arrest that did not result in conviction as a motivating factor for terminating your employment. In your case, an employer had a duty to investigate further the facts surrounding your arrest and the diversion program details. However, there are exceptions to this... 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
answered on Nov 13, 2023
Being yelled at about something petty is generally not unlawful.
Nepotism - an employer treating a friend or relative more favorably - is not unlawful.
However, your employer was not providing you with legally required meal and rest periods and you are entitled to be compensated... 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
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
answered on Nov 13, 2023
What you can do right away, is contact the labor commissioner of the state of California. Their only job is to protect workers and to make sure that their rights are secure. You can reach the Labor Commissioner on the web here: https://www.dir.ca.gov/dlse/
Report what happened to you, and... 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
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answered on Nov 8, 2023
Under California law, employees have the right to discuss their wages, and any attempt by an employer to interfere with this right is illegal.
If you sign the consent form, it is still unenforceable regarding the illegal clauses. California Labor Code Section 232 specifically prohibits... 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
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