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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have been with my firm for 16 years now and have told them

Customer Question

I have been with my firm for 16 years now and have told them many times that working past 4:30 PM would make it difficult to pick up and take care of my minor children. So they moved me to 4:00 AM. Which was rough but I managed it. Now they are saying they want me to work 9:00 am to 6:00 PM. I'm having some major issues with stress right now. My minor children need to be picked up by 4:30 PM. I told my manager this and he said how long does it take to pick them up. I said about 30 minutes. He says that's ok you pick them up and then get back to work. I told them its not just a matter of picking them up they need supervision being 6 and 9 years old. He told me I need to work that part out and then proceeded to tell me I can blow it up and go to HR but I will most likely not like the outcome of that and told me they will probably change my hours to be 9 to 6 Monday through Friday instead of just 9 to 6 on Thursday and Friday. The company caters to other people in this situation why not me?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. You say that the company grants accommodations to other parents needing to pick up children.

2. Do 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, or other personal characteristic protected by law?

3. May I presume that you are an employee at will, and do not have a written employment contract guaranteeing you your position or set hours?

Doug
Customer: replied 1 year ago.

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.

Expert:  LawTalk replied 1 year ago.
Good morning,

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

Customer: replied 1 year ago.


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.

Expert:  LawTalk replied 1 year ago.
Good morning,

JustAnswer prohibits me from making a specific recommendation to a specific attorney. Al I can do is suggest that you seek an employment law attorney who has been ding this type of work for at least a decade. I am sure that there are many such attorneys in the San Diego area who are not afraid to go up against your firm. Here is a list of employment law attorneys in your area:

http://lawyers.findlaw.com/lawyer/lawyer_dir/search/jsp/stdSearch_process.jsp?refinedSearchBox=1&keyword=employment&location=San+Diego%2C+CA&x=77&y=22

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


LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.

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.

Doug

When 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.

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LawTalk
LawTalk
California Employment Lawyer
27889 Satisfied Customers
I have 30 years of experience in the practice of law, including employment law and discrimination law.