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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 32133
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I am a former employee of a salon who I worked for for 4&1/2

Customer Question

I am a former employee of a salon who I worked for for 4&1/2 years . I was forced to work 52+ hours a week. No breaks or lunches. Forced to come in on days off etc. I received 45% commission where they also too extra money out as well like an extra 5 for haircuts 15 for colors. I'm at new salon where things are actually ran legally . I did get a lawyer and was wondering if I had a strong cause. I was also wrongfully suspended for asking for time off 5 days with no pay. So I just wanted to know my options and your thoughts
Submitted: 11 months ago.
Category: California Employment Law
Expert:  Tina replied 11 months ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

You filed a claim of discrimination against the employer? If so, what type of discrimination did you allege? If not, what causes of action are you alleging and how much in damages are you seeking?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 11 months ago.
I had foot surgery so I had to request the time off and they refused and suspend me. So that's why we files one through them and I just recently filed claims with the labor board as well.
Expert:  Tina replied 11 months ago.

I see. Thank you for clarifying that for me, Amy.

There are facts I'm not aware of here, but I don't see grounds to pursue a discrimination case against the employer--possibly a claim of retaliation violating the FMLA if the employer has at least 50 employees and you requested FMLA leave while you out of work.

It appears you have very strong wage and hour claims though because of the lack of breaks, possible failure to pay overtime if the employer was not paying you overtime, as well as unauthorized deductions from you pay. Those claims with the state labor board would normally be very strong since such laws are strictly enforced in CA. However I don't know the value of the claims or how much you have paid out in pursuing the claims, so it is difficult for me to say whether it is worth it. It does sound as though you have good grounds to pursue those claims though.

I hope this helps clarify the situation for you. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions. Kindly rate my service when I have answered your questions so I will be compensated for my time assisting you. Thank you!

Tina

Expert:  Tina replied 11 months ago.

I'm truly disheartened to see that you rated my assistance to you negatively instead of using the reply button to let me know what additional information you may be seeking from me. I strive to provide every customer with excellent service. How may I better answer your question for you? I invite you to ask any additional question that you may need to, for clarification of your issue.

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