California Employment Law
California Employment Law Questions Answered by Legal Experts
Our company is being hired by another company for installation services they requested six of our installers this group of guys are to go out of state and remain at this job site from September 23rd until November 15th they will work graveyard 6 days out the week and we are paying hotel stay. It is very important that this job gets done and although we have explained this to them I would like to make a contract for each employee going and was wondering what I could do as a consequence in case someone decides to leave for a not a valid reason or does not "feel" like working when they are supposed to since we HAVE TO finish this job. Our company is based in CA and all of our employee reside in California as well the job site will be in Texas.
I need to figure out what type of consequence I can impose if they don't do what they are supposed to do basically.
Good morning Maritza, I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. As you are a CA company and your employees are CA residents, even though they may work temporarily out of CA for you on a project, they are still protected by CA law, and the CA wage laws and other employment laws will apply to them. You may make an agreement with them that decreases their wages (not retroactively) if they violate company policy so long as they are paid at least minimum wage---or prevailing wage if this is a government job. You may suspend them or even terminate them for failing to perform as expected. About the only thing that you may not do is anything that affects their wages retroactively---meaning, you may not deduct money for wages already earned. All changes must be made for future work only. Basically, what you need is a good solid supervisor who won’t tolerate any nonsense, and give them the right to make immediate decisions as regards XXXXX XXXXX decreases in hourly wages/suspensions/terminations. Your contract would merely spell out the expectations of your company and the range of possible sanctions that are possible for disobedience to the rules of the company or the directions of the supervisor on the job. It is not necessary---or wise---to spell out a specific punishment for a specific act. Rather just provide a list of possible consequences, and leave it to the supervisor to use some common sense in dealing with problems as they crop up. You may of court give more specific direction to the supervisor in terms of what punishments to use in certain circumstances---but that need not be part of the contract with the employees you are sending out there. Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions. If you have additional questions, you may reply back to me using the Reply to Expert link and I will be happy to assist you further until your questions have been answered to your satisfaction. Doug
It has been my pleasure to assist you and I hope you will ask for me on JustAnswer should a future need ever arise.If you have any follow-up questions to my answers here, you may come back and ask them in this thread---at no additional charge------and I will be happy to assist you.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
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).