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 Brandon, Esq. Your Own Question

Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1836
Experience:  Has received a certificate of recognition from the California State Senate for his outstanding legal service.
69271599
Type Your California Employment Law Question Here...
Brandon, Esq. is online now
A new question is answered every 9 seconds

I came to my job on my day off to sign up for a class. The

Resolved Question:

I came to my job on my day off to sign up for a class. The person in the educational office accused me of being rude or pugnacious. She reported me to my director who had me come in to talk to me about this. I denied the accusation, however, he told me he is going to write this incident up and log in my employee file. Is this legal? Should I be paid for the meeting with him on my day off?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Brandon, Esq. replied 1 year ago.

Employment-LawExpert :

hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

Welcome to the chat


 

Customer:

Yes

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that you are in this situation.

Customer:

Thanks

Employment-LawExpert :

It is a shame when an employer does something without legitimacy, especially, when that thing is quite frankly wrong.

Customer:

This is true

Customer:

How wrong is he?

Employment-LawExpert :

In response to your first question, unfortunately, your employer is allowed to place anything they would like in your employment file. The only caveat to this, is if they make a false statement of fact in your employment file, and this information is shared with others that end up causing you emotional or financial harm, then you would ultimately have a cause of action for defamation against them. As for being paid for having to come into the meeting, you should absolutely be paid for this time. Under IWC orders 1-16, Section 5, you are required to be paid for all time, even if unworked, as long as you show up to the office. The law states:

Employment-LawExpert :

"Each workday an employee is required to report to work, but is not put to work or is furnished with less than half of his or her usual or scheduled day's work, the employee must be paid for half the usual or scheduled day's work, but in no event for less than two hours nor more than four hours, at his or her regular rate of pay."

Employment-LawExpert :

Does that make sense?

Customer:

So I was there one hour and should be paid for 2

Employment-LawExpert :

You could make an unpaid wage claim with the DLSE and be paid both the time that went unpaid, as well as a waiting time penalty for all time in which you were not paid (up to 30 days) In response to your question, yes, you should be paid for 2 hours under the law.

Employment-LawExpert :

You could file your claim here:

Employment-LawExpert :

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

Customer:

So if I am not working a shift he can write me up on someone else's complaint? When does this become harassment?

Employment-LawExpert :

Harassment occurs if the reason that you were written up is as a result of a protected category. A protected category can be things such as your age (40 or older), gender, race, religion, genetic information, pregnancy, national origin, creed, or disability. It would also be considered to be retaliation if you were written up as a result of a wage claim that you made. So, if you were written up later for something else, you could show that you were in fact written up not because of why they wrote you up, but because you made a wage claim. Because of the ridiculousness of the write-up this type of write-up would be good proof to prove your claim.

Customer:

But can he write a formal reprimand if I am not at work on the clock?

Employment-LawExpert :

Unfortunately, the only law that governs what can be put into a formal reprimand would be the law of contracts. So, he would have to follow whatever the policy and procedures are of the company. if there is a specific policy or procedure in place, and it was not adhered to, then you should speak to someone in HR about having the report removed. If you can relate it to a protected category, you could also say that this write-up was as a result of a protected category. Because there is no legitimate reason why you should have been written up, it is good proof of discrimination (if you can relate it to a protected category) Unfortunately, however, absent this, they are allowed to write you up because of the color of a shirt you were wearing if they decided to do that. I realize that the law is not entirely in your favor here and I am truly sorry to have to deliver bad news. Nonetheless, I trust that you will appreciate an accurate explanation of the law and realize that it would be unprofessional of me and unfair to you to provide you with anything less.


 

Employment-LawExpert :

If you cannot relate it to any of these things, you should try to have an addendum added to the write-up specifically outlining that what occurred occurred when you were not "at work"

Employment-LawExpert :

Does all of that make sense?

Customer:

True. Thanks

Brandon, Esq., Lawyer
Satisfied Customers: 1836
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

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.