California Employment Law
California Employment Law Questions Answered by Legal Experts
employment is at will....I had issues with the company a few years ago because they were working me salary and a lot of overtime. Because I work in IT and the work I do I was able to prove that I was supposed to be hourly. They changed me to hourly and I presented them with a years worth of overtime they owe me for. This really upset my management to have to put out $18,000 in back overtime. I feel since that incident they have been trying to get me to quit by giving me strange hours and not allowing me to progress in my position. By the way they have not giving me a pay increase since this incident. Where for the past 13 years before this I received at least a cost of living increase.
Employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours changed or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated, or have significant changes made in their work conditions, for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.
Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.
If you believe that you are presently being retaliated against based on your wage claim of a few years ago, then you may sue the employer for the disparate treatment based on their obligation of good faith and fair dealing---arguing that they give the accommodations that you seek to other parents---but not to you.
I would suggest that you retain a local employment law attorney to assist you in dealing with your employer in this instance---in part because the claimed retaliation involves something that happened several years ago---and gives the employer the ability to argue that your allegation simply is not correct. However, the change in hours, the denial of accommodations routinely granted other employees and the failure of raises all seem to point to disparate employment.
You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction. Please remember to rate my service to you when our communication is completed. I wish you the best in 2013,Doug
Can you recommend a local employment law attorney in the San Diego area? The company I work for is very large with hooks just about everywhere. I went to a lawyer a few years ago and he basically said he was afraid to go against them for any reason. Thank you for the help.
Thank you for your kind words. They are appreciated. I wish you success!
Please keep in mind that until you rate me highly for my service, I will not be credited with helping you. Thanks again. Have a great day, Doug
Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:http://www.justanswer.com/law/expert-lawtalk/Thanks again.DougWhen you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
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).