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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 33482
Experience:  Retired (mostly)
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I have worked for 7 years at this place and now I have a verbal

Customer Question

I have worked for 7 years at this place and now I have a verbal and 1 written write up on my being late. I call and tell them i am going to be late.. My daughter died july 30 i have her son I have a girlfriend that comes to my home so i can go to work she takes him to school and my 72 year mother picks him up two weeks ago i was given the verbal last week i made it fine this week wedn. my girlfriend did not show up so i had to take him to school and fri she had a problem so i had to bring him to her so i was a half hour late. i have no control over some situations and told them that when i was given my written warning my work gets done and i am not stealing time is this fair? There is a new store manager and this has happen since he came to our store.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

Are there 50 or more employees of your employer who work within a 50 mile radius of your worksite?

Customer: replied 1 year ago.

yes

Expert:  socrateaser replied 1 year ago.
Thank you for the additional info.

The California Family Rights Act and Federal Family and Medical Leave Acts each provide employees who have worked 12 months and 1,250 hours with the right to up to 12 weeks of continuous or intermittent unpaid leave benefits. In order to exercise this right, the employee must request leave benefits (typically, in writing, so there is evidence of the request), for example due to serious injury or illness, including clinical depression or anxiety, or other disabiling illness or injury, or to care for a child, spouse or parent with one of the aforementioned serious illnesses or injuries . This is the only way that an employee can protect their employment, if there are circumstances requiring them to take time off from work.

Until you actually request CFRA/FLMA benefits, your employer can discipline you for requesting leave benefits. After you make the request, all retaliation must stop immediately, or you can sue the employer for damages (or file a complaint with the state or federal government).

I empathize with your search for fairness -- however, the law does not provide any. You must follow the law, if you want to avoid termination from employment.

Go visit your physician, have him/her diagnose you as suffering from clinical depression related to the loss of a loved one, and then you can request CFRA/FLMA leave benefits to deal with your occasional episodes of depression.

I realize also that the idea of telling your employer that you may have a transient mental heath issue may seem absurd, as a means of dealing with your circumstances. However, under the law, what I'm suggesting is the only way to gain an edge over the employer's right to control its employees.

So, the choice is yours -- but, there is no other alternative, other than to follow the employer's instructions going forward or risk termination of your job.

Please let me know if I can be of further assistance.
socrateaser, Lawyer
Satisfied Customers: 33482
Experience: Retired (mostly)
socrateaser and other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

They havent denied me time off I was saying coming in late to work this was never a problem before tell this new store manager came on. All the store managers before did not have a problem with this they new my work got done this new guy likes to have everybody written up for one thing or another it use to be a more like a family place to work now its his way or no way

Expert:  socrateaser replied 1 year ago.
I think you may be missing the point. If you request CFRA/FMLA benefits, then if you are likely to be late, you can exercise those rights to avoid being disciplined.

The employer has the right to insist on employees starting work on time. Managers are entitled to exercise their own management style, and if employees are used to something else, then the manager can change those expectations.

I'm just trying to explain how you can push back on the employer and the manager. My suggestions represent your only option. Otherwise, you must follow the manager's instructions, or you risk being fired.

Hope this helps.

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