California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Good morning Jeff,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.It is quite legal for an employer to schedule you for shifts shorter than 8 hours a day, and is even permissible under CA law for you to be scheduled as little as an hour a day. Problems only arise if you are scheduled, arrive at work and are turned away, and then you are entitled to be paid for showing up for work.But so long as you are allowed to work the scheduled shift, it is all lawful.As for other employees being treated as you are being treated, unless you believe that the reason for the disparity is your race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity, or other personal characteristic protected by law, then, while it may not be fair, it is not illegal either. I'm sorry.If you believe that you are being discriminated against based on your race, color, gender, ethnic or national origin, age, religion, disability, marital status, sexual orientation, gender identity----then tell me so and I will provide you with information you can use in seeking a remedy to the discrimination.I wish you the best in 2013.I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.You may reply back to me using the Reply to Expert link if you have additional questions.Kindly take a moment to rate my service to you based on the understanding of the law I provided. Please understand that I have no control over the how the law impacts your particular situation.Thank you,Doug
Thank you for your response. I had a feeling they were acting legally and was mostly unsure about the favoratism that is being shown to those who have always been inflexible in their scheduling while I have a long history of being willing to cover any shift anytime... a fact that is not serving me well at this time. Perhaps favoratism is not illegal except for the situations you mention above. Not exactly a best management practice however.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).