How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 34462
Experience:  Retired (mostly)
10097515
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

HI there, I was recently terminated and have a few questions..

Resolved Question:

HI there,

I was recently terminated and have a few questions.. I worked for an Assisted Living Community for 2 yrs and 5 months...

On my last pay stub, i was not paid for my 61 hours of sick time... I have left a msg for the business office manager, she has yet to return my call or mail the check... What is my next step???

There were many nights I stayed and worked off the clock, because there is just so much more work that needed to be done... I feel taken advantage of... How so i handle this???

By law we are to have a lunch and a break period.. Many nights we were too busy to take either, we were told we need to clock out regardless... Also day time hours are just as busy, lunch and break time are very hard to come by... I know to contact the labor on this... Anything else I can do???

I personally know of caregivers we are intimidating, and harassing residents... Neglect and emotional abuse, along with the well being of a few residents is something that should not be tolerated... Once i was made aware of these allegations, I reported my concerns to the Executive Director... I feel he just swept my complaints under the rug... I plan on contacting Ombudsman about this tomorrow...

Since my first day of working at this community, i have been sexually harassed... Not by a co-worker, at the hands of a resident... Sexually harassed by his propositions, language, stares, and putting his hands on my body... I did report these incidents to my supervisor and the Executive director... It is my belief no one acted on what i had reported... As this resident continued with his behavior towards me... Yes, other staff members were present at times of his harassment...

Other staff members were made aware of me being let go before I was.. By the posting of the next wks work schedule... I was not placed on the schedule, I had co-workers calling, texting, and e-mailing me questioning me on why i was no longer at the community...

Can you tell me who is privied to reading my employee file?? I am concerned as I plan on going to school to become a nurse, I do not need any type of slander against me.. This could affect me in my nursing career..

Thank you for your time and assistance as well...
Customer
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
Hello,

Personal/vacation time that has been earned prior to termination of employment is recoverable as wages. Sick leave is not recoverable, unless you have a written employment contract stating that you are entitled to be paid for unused sick leave.

The reason for the difference in treatment is that sick leave is intended to be used only when a person is ill or disabled -- whereas personal/vacation time is available for any purpose. Thus, once an employee is terminated, he/she can recover personal/vacation time for its cash value, whereas he/she cannot recover for sick leave, as a terminated employee cannot take time off sick from a job that he/she no longer has.

Concerning your unpaid rest and meal breaks, you may want to contact any former coworker whom you trust and see if that person will testify to corroborate your claims of being denied this time -- because without proof, your claim could end up being your word against the employer as to whether or not you were provided with the required break periods. Other than that, you will have to contact DLSE and file a claim.

Concerning your personnel file, an employer is only required to maintain confidentiality of your medical/health care records. However, as a general practice, most former employers will not disclose employee records to any prospective employer, because of the danger of a defamation (libel/slander) or interference with future contract lawsuit by the former employee. The typical employer does no more than verifies start and end date for a former employee.

If you believe that your employer has actually damaged your reputation with false statements about you, then you could hire an employment rights lawyer and sue.For a referral, see this link.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.


And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!


socrateaser, Lawyer
Satisfied Customers: 34462
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    869
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3602
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
 
 
 
Chat Now With A California Employment Lawyer
socrateaser
socrateaser
California Employment Lawyer
34462 Satisfied Customers
Retired (mostly)