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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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Experience:  Significant experience in all areas of employment law.
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Hi. Thanks for taking the time to read this. Punching in/out

Resolved Question:

Hi. Thanks for taking the time to read this.
Punching in/out on time clock. I received my final warning for attendance issues. I didn't miss any days but stuggled 1st coming in on time in the morning, 2nd another chance to work on coming on time, 3rd I came in on time in the morning but now HR manager notice my 1 hour lunches were 1:15hr/min. 3rd wanring indciates I am not to come in late for 30days without dr note. If so, I will be terminated. I took it upon myself to look at other time cards for in/out punches. I discovered that out of 110 hourly employees only I and 2 others employee are clocking out for lunch or when leaving premises as indicated in our company handbook. Told my manager and he told HR manager. Have not heard any response back but I know that there more than 2 people leaving the parking for 10 min breaks taking addtional 15min and 30 min meal period extended to 45-60min with out clocking out robbing the company.
I'm at the break of losing my job and need help identfing if I fit a protective status, or file discrimination claim. Its certain that I'm being eyed at if a manager has knowlege of a group not following the rules of the company and not taking action. For 1 week now, I have taken record of punch in/out resulting in 2 to 3 employees following the rules. Thanks.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.
Hello and thank you for entrusting me to assist you. What specifically if the question you'd like me to answer?
Customer: replied 5 years ago.

Is it fair for employer to hold me responblie for not following company policiy due to being on displenary action? Its okay that others don't follow policy cause there not displenary action?


Company policiy saids. Punching in/out for lunch if for any reason leaving the premises.

Expert:  Patrick, Esq. replied 5 years ago.
Thank you very much for clarifying that for me.

An employer is not violating any law by enforcing policies against some employees an not others unless the employer is specifically singling you out as a result of your race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. (See Govt. Code 12921.) For example, if you were able to show that your boss was only enforcing time card rules against you and no one else because you were African American, that would be illegal.

Selective enforcement of policies for any other reason, such as the fact that you had been previous disciplined or just simply aren't the "manager's favorite" would not typically give rise to the right to sue.

I realize that this is not a very fair law, but I hope that you will nonetheless appreciate a direct and accurate legal response to your question.

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

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