California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

I work for a restaurant franchise as a General Manager. I called

corporate and asked a representative...
I work for a restaurant franchise as a General Manager. I called corporate and asked a representative if it would be possible to transfer or be re-hired at a company owned store because I love the concept, but would prefer to work in a more positive environment. He asked me to explain why I would like to transfer from the franchise. I said I would, but only in confidence. I said that people I work for now never tell any one when they are doing things right, only chastise us when things are not perfect.
They have been sued and are being sued by many people for many different things. For the last 14 months they have been having the general managers write themselves up (yes i had to write my self up) for any little thing we do that is not perfect. He has a ton on file for everyone in the franchise. He likes to keep it as leverage against anyone trying to sue him again.
The day I spoke to the corporate guy was 9/20/2012 at 10:43 am. The call lasted 11min 21 sec. On 10/5 my boss was waiting at my store for me. He and a witness wrote me up for being late 20 mins. I told him I would sign the write up, but I had taken a video of the accident I was stuck behind, and had planned to send it to him upon my arrival.
He then told me he refused to listen to anything I had to say, and that he knew I went to corporate. He then said that he did not trust me, and that he knows I hate him. And he said he is not wrong for having high standards.
Since then he has been constantly watching our video system to see what I am doing. Or having others call to deliver his messages to me. He had been at my store today 10/4/2012 unannounced since 7:30 am and I'm sure he's making it hostile there, although I don't know yet for sure. I work at 2:00 pm and to tell the truth I am afraid to go in there and deal with this hostile man with a legal history of being sued for firing people. I have been off since 5 pm on the 1st, for my scheduled days off and always return to a bit of chaos when I start my week. I am afraid he will have a ton of write ups waiting for me to sign for the store not being perfect on my days off. I am a nervous wreck over all of this. I have developed anxiety, and possibly kidney disease.
What can I do?
Can you please help me?
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 3 minutes by:
10/2/2012
Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Verified
Hello and welcome,

I am very sorry to hear of your difficult situation. Are there any other options to resolve the situation that you can see besides being transfered? The company denied your request to transfer?

Ask Your Own California Employment Law Question
Customer reply replied 5 years ago

The company said I would need to get a release from my current franchise, quit and then hope they hire me basically. It would be too much of a gamble for me though, because Im a father of 2 who pays for a house hold of 4, I am the main income for my family. I cannot afford to gamble. we live paycheck to paycheck and cannot afford the risk.


I am working on my resume as we speak, but this guy has me shaking.

I see. Thank you for the additional information, Nathan.

Because of the extreme nature of the situation, it is likely you could receive unemployment benefits if you quit. You would typically need to prove to the commision that the work environment was so poor that a reasonable person would have been compelled to quit and that you exhausted your options in trying to resolve the situation, before deciding to quit. In that case, you could receive unemployment benefits.

Another option is to retain a local employment law attorney to communicate a demand to the individual indicating that they may be sued for interference with contract relations since it does appear he is intentionally attempting to interfere with your employment relationship. If he wishes to avoid litigation, this may have a positive impact, but based on the information you have provided, it does not sound very likely.

Another option is to file a worker's comp claim if a physician can determine that you have a medically diagnosable condition caused by your work enviornment. In that case, you could typically collect worker's comp benefits while you are unable to work due to the medical condition. However, the employer may challenge your right to benefits, which would normally delay any benefits being paid out to you.

It sounds as though you are on a path of self-destruction if you stay, so I would put as much energy as you can into finding another job, but in the meantime, you may wish to gather as much evidence you can to show the horrible working conditions so you have the best opportunity of obtaining unemployment benefits if you must quit at some point.


It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

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-tina/

Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.
Verified
Tina and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Ask Tina Your Own Question
Tina
Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33,167
33,167 Satisfied Customers
Experience: JD, 17 years experience & recognized by ABA for excellence in employment law.

Tina is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

33,167 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I am currently on short term disability due to Adjustment
Hi, i am currently on short term disability due to Adjustment due to bullying by my supervisor. Can he put me on pip when i go back ? … read more
John
John
Attorney
Doctoral Degree
5,768 satisfied customers
I was forced to go back to work without being released from
Hello I was forced to go back to work without being released from my doctor in order to keep my employment. Now after two months of being at work my doctor took me off on disability again and … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,092 satisfied customers
My former employer is witholding my final check until I mail
my former employer is witholding my final check until I mail him back the key. is that legal? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
I used to work with a company as independent contractor in
Hello, I used to work with a company as independent contractor in sales, commission based only. there was no contract since I had been working with them 9 years. i used to get paid 20% of the sales my… read more
socrateaser
socrateaser
1,031 satisfied customers
I have applied for disability, my boss wants to give me my
I have applied for disability, my boss wants to give me my vacation and some commission I have coming do I have to report the disability insurance? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to speak via phone phone please to a california
please, i need to speak via phone phone please to a california employment lawyer regarding a termination that is taking place any time now please … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,441 satisfied customers
I am looking to ask a termination question to a california
good morning, i am looking to ask a termination question to a california employment lawyer (from the employers perspective) please. Do you have a California employment lawyer who can assist please?… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I'm a 1099 employee in california, am i required to give two
i'm a 1099 employee in california, am i required to give two weeks notice … read more
socrateaser
socrateaser
1,031 satisfied customers
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Law (J.D.) and Medicine (M.D.)
1,441 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,462 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
891 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
1,031 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x