California Employment Law

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California Employment Law
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My wife was told yesterday that she is to have next week off

without pay of course due...
My wife was told yesterday that she is to have next week off without pay of course due to her employer feeling that she is burny out and needs some time off. is this legal?
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Answered in 2 minutes by:
10/4/2012
Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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Employment-LawExpert :

Thank you for your question today. I appreciate your patience while I responded to you. Please remember to only rate my answer when you are 100% satisfied. I strive to provide excellent service, so if there is anything else I can help you with, or if you need additional clarification, please do not hesitate to ask. If you feel the need to click either "Poor Service" or "Bad Service", PLEASE STOP and reply to me via the REPLY TO EXPERT button with the issue you have. I will be happy to continue further and do everything I can to provide you with the service you seek.


 

Employment-LawExpert :

Is your wife an hourly employee? a salaried employee? an exempt employee? or a non-exempt employee?


 

Employment-LawExpert :

Welcome to the chat


 

Customer:

hourly emplyoee

Employment-LawExpert :

Under any other situation, there are certain federal and state labor laws such as the Fair Labor Standards Act which would have protected her. However, as an hourly employee, the employer is allowed to change your wife's schedule absent an internal policy stating otherwise.


 

Employment-LawExpert :

Is she part of a union?.


 

Customer:

no


 

Employment-LawExpert :

I am terribly sorry to hear that she is in this situation. it is a shame when the employer makes a decision without legitimacy, and one that can cause so much hardship on a family. However, that does not make the decision illegal. Unless, you can show that the reason he is doing this is in violation of her civil rights (i.e. the employer is discriminating against her because of her sex, race, color, national origin, age, religion, disability or as a result of retaliation for complaining of one of the above)


 

Employment-LawExpert :

However, you may suggest to her that she speak to him and explain that she needs the pay for her family. By telling him this in a calm and positive tone, and explaining that she loves her job, the employer may allow her not to be forced to take this leave.


 

Employment-LawExpert :

I wish I could tell you that you have legal recourse. You may have it if she can show that the employer is doing this as discrimination in violation of her civil rights.


 

Employment-LawExpert :

However, it does not seem that the employer is treating her in this manner because of a protected category from what you have said so far.


 

Customer:

This occured yesterday and i wanted to get some facts first. she ask if the time off would be paid and was told no

Employment-LawExpert :

The likely situation, is that the employer noticed a decrease in her productivity, and because California is an at will state, the employer had a choice between terminating her employment, or allowing her to "recharge". However, if you believe that he only did this because of her race, her age, or her gender, (or another of the above listed categories) then you should contact an employment attorney in your area. If you decide to hire an attorney, a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys prior to selecting the one you feel most comfortable with. If you have a legitimate reason why the employer is violating one of her protected rights, the attorney would take this case on contingency which means that you would pay nothing out of pocket.


 

Customer:

thank you

Employment-LawExpert :

Not a problem. I hope I have provided you excellent service. If satisfied, please do not forget to take the time to rate my answer as one of the top three faces as this is how I receive credit for my time with you. Please keep in mind that even after a rating has been issued you can continue to ask questions related to the original post and I will be happy to answer them.

Employment-LawExpert :

I actually should just make sure that there is no written contract, that guarantees a minimum wage or number of hours. If so, then the employer cannot change this without the consent of your wife. If no contract exists, then everything above applies.


 

Customer:

No contract

Employment-LawExpert :

Then, generally, her employer can cut her hours without her consent.


 

Employment-LawExpert :

Have I fully answered your question today?


 

Customer:

yes

Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
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