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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27998
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have been working for a company for the past 6 years. I was

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I have been working for a company for the past 6 years. I was hired as a technitian in another branch and, have moved into a different department for the past year. The job entailed servicing a route of aproximatley two hundred accounts per month.
I have been servicing those accounts dilligently since my hire. During the past year, my work load has been increased to include servicing additional portions of the scope of work to include a different type of treatment that was historically handled by my former position. Coupled with the two hundred account and the addition of random appointments scheduled into my day from corprate offices, my days became incredibly long.
My employer demanded that I do a thorough job and follow all safety guidlines to the tee(we handle chemicals in the field). I have been following all proceedures as directed, but found that I could not complete my monthly route on schedule every month. When I would bring this to the attention of my employer, I was often met with statements that I just "have to get it done and, go,go,go!" Additionally, I have been told on more than one occasion that I can not have any overtime to acieve this goal.
In discussing this with other persons in my position, they have indicated that "shortcuts" were the only way to survive in this job. I was not ok with cheating the people on my route so I found myself working 10- to 12 hours a day to finish my route and avoid getting yelled at-All without notifing my employer of the hours.
The final straw for me was the addition of a very technically advanced phone/tracking system by the company that was all but thrown on me to use. I recieved a 1 hour overview from the rep of the device and was told that our supervisors would train us further. I recieved no training, I had to rely on my husband to get started on it. Shortly after using the device (manditory at this point), I was approached by my supervisor, telling me that he thought I was turning my phone off and giving him"bullshit excuses" for why it was off. He went as far as to tell me that he believed I was lying, that he could see on the computer that the unit was working. Shortly after that, they realized that the unit was not working properly. After much yelling and berating, they halfhandedly apologised. At this point, I could see that nothing was going to change and, that this job was ruining my health, mental state and potentially my family. I gave my notice.
Am I entitled to any benifits?
Thank you,
Elaine
Submitted: 3 years ago.
Category: California Employment Law
Expert:  LawTalk replied 3 years ago.
Good morning Elaine,

I'm sorry to hear of your dilemma.

While it is highly unlikely that you qualify for unemployment benefits, because you voluntarily resigned and based on the fact you have provided it does not appear that you had legal justification, such that you would be granted an exemption to the general rule that resignations make you ineligible for unemployment benefits---there may be some other legal redress that you do have.

Justification in quitting your job which might be persuasive to an Unemployment Insurance Appeals panel would include:

  1. Sexual or other harassment
  2. Needing to move with a spouse or dependent child to another place of residence
  3. Discrimination (Ethnicity, Color, Religion, National Origin, Age, Sex and Disability)
  4. Working conditions that endanger your health or safety
  5. Major changes in the terms and conditions of your job affecting wages or salary
  6. Excessive overtime or an employer’s refusal to pay for overtime work
  7. Major changes in work duties
  8. Difficult relations with a supervisor, for which you are not primarily responsible
  9. Your employer is doing things which break the law
  10. Pressure from your employer or fellow workers to quit your job
You may well have a wage claim against your former employer. Because the employer demanded that you do the specific job that you did, and the fact that complying with all the company safety policies, as well as the state and federal mandates associated with your profession, the fact that it took longer than 8 hours a day to do you job was not your fault, and whether the employer likes it or not, you are eligible to be paid overtime for all the time over 8 hours in a day, and over 40 hours in any given week that you did work---even though the employer was not aware that you were doing it.

You might consider gathering the information you need to make the overtime claim to the employer, and submit it. If the employer balks at paying you, all you need do is to contact the local CA Department of Labor and submit a wage claim to them. They will investigate the claim and likely demand that the employer pay you for all that overtime---dating back up to 3 years, if it went on that long. This could be a very substantial sum.

I wish you and your family the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug




LawTalk, Attorney
Satisfied Customers: 27998
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
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