California Employment Law

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My wife is going back to work after a baby and she asked…

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my wife is going back...
my wife is going back to work after a baby and she asked for her schedule two weeks ago. They sent a certified letter today telling her she has to be at work in two days. Is there a law against this last minute shit?
Submitted: 2 years ago.Category: California Employment Law
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3/7/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,534
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If your wife could prove that this was being done to her specifically in retaliation for having taken pregnancy leave, that would be illegal. But I think the question is one of damages. No real damages are suffered as a result of not getting more notice, and without damages there is nothing to pursue through a lawsuit. Your wife would have to miss the shift and then argue that she could not have reasonably attended due to short notice, and then make the retaliation argument with her damages being loss of a job. But she would be essentially trading her job for a lawsuit, and that's never something you want to willingly do, as lawsuit are extremely stressful and generally take a year or more to resolve.

If your wife believes that this short notice is retaliatory and that her employer is motivated to continue retaliating against her, she should document all such instances of retaliation. If they continue, and especially if they become more severe, there might be enough to warrant a lawsuit at that point in time. At this point, however, legal action would be premature and would cause for more problems for your wife than it would solve.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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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).

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