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Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1825
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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I have been at a company for 5 years and have had nothing but

Resolved Question:

I have been at a company for 5 years and have had nothing but positive things in my file. I was recently given a 30 day development plan with unachieveable goals based on years of data. This development plan can lead up to termination. Nothing was concrete and the plan was very vague. I was told it was based on a perception of upper management whom I never see. I was also told that I should work 12 hrs a day 6-7 days a week if I have to to prove myself. I was told that I am expected to work 10-12hrs a day even though my paycheck says 40 hours. I am the only woman in Food and Beverage Management and not every managers are being held to the same standard. I am told to only worry about myself. Again I was never given any documentation before this.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

I am a licensed attorney here to help you with your question. I appreciate your patience while I respond to you. Please remember to only rate my answer when you are 100% satisfied. I strive to provide excellent service, so if there is anything else I can help you with, or if you need additional clarification, please do not hesitate to ask. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek. If you feel that I am unable to do so, please inform me of such and I will be happy to opt out of this question so that another expert may better assist you.

Employment-LawExpert :

If you are the only woman at this type of job, and the men doing the same job are not held to the same standards, then you have a pretty clear case of discrimination based on gender under Title VII of the Civil Rights Act of 1964.

Employment-LawExpert :

Welcome to the chat

Employment-LawExpert :

Additionally, depending on your salary, even though they are trying to classify you as an exempt employee, you may not be one

Employment-LawExpert :

Accordingly, you may be entitled to overtime, as well as compensation for missed rest and lunch breaks, as well as other compensation under California Labor Law

Employment-LawExpert :

If any adverse employment action is taken against you, you should consider filing a claim with the EEOC or talking to an employment attorney in your area.

Employment-LawExpert :

There are many employment attorneys who would be happy to get involved in a case like this, however, the terms of service do not let us point you to any one lawyer in particular. That being said, if you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with.

Customer:

The 30 day development plan is meant to fire me if I do not meet goals which are unachieveable based on guest surveys for the areas I manage.

Employment-LawExpert :

An attorney in a case like this would take your case on contingency which means that you would owe nothing out of pocket

Customer:

Does is matter that my company is on an Indian Reservation?

Employment-LawExpert :

Unfortunately, this makes a huge difference

Employment-LawExpert :

The Supreme Court has determined that states have no authority to regulate conduct by the tribes unless specifically authorized by Congress.

Employment-LawExpert :

The Supreme Court considered the tribes to be distinct nations occupying distinct territory over which the laws of the states have no force.

Customer:

Then there is no point of seeking out an attorney?

Employment-LawExpert :

While Congress has specifically exempted tribes from several familiar employment laws such as Title VII, the tribe may have waived its immunity by entering into commercial transaction with the public.

Customer:

But if I work for Harrah's which is a large corportion it does not fall under any state laws?

Employment-LawExpert :

It is definitely worth the 10 minute conversation in a free consultation with an attorney

Employment-LawExpert :

Once a waiver of sovereign immunity has been established, jurisdiction may be determined as long as you have exhausted all of your administrative remedies. Because of Harrah's corporate status, it is likely that they have waived this immunity

Customer:

Thank you for your time.

Employment-LawExpert :

Not a problem. I hope I have provided you excellent service. Before you go, please do not forget to take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you.

Brandon, Esq., Lawyer
Satisfied Customers: 1825
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Brandon, Esq. and 2 other California Employment Law Specialists are ready to help you

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