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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 1285
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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My employer denied my repeated requests

Customer Question

My employer denied my repeated requests for transfer to a store near my home (my car was due to fail), even after my car died and I no longer had transportation to the store at which I was employed. The store near my home pays $14/hour, while my store pays only $11/hour, the lowest hourly rate of the 3 stores in the area. My friend and I received annual raises of only 22 cents/hour. We work very hard and are reliable and don't complain. Others who do not work hard but are members of 2 cliques at the store are treated better and paid more. My friend and I are white and the cliques are nonwhite, so there is no way to become members.
JA: Employment law can be complex. Fortunately, the attorneys we work with can answer any questions you have about payment issues, and I'd like to match you with the person who's the best fit. Have you consulted a lawyer yet?
Customer: No. My employer also has arranged things so that our time punches sometimes don't count and we don't know about this before the end of the pay period, and many have questions whether they are actually reimbursed for these pay shortages. We receive no confirmation when we punch in or out. We are told all responsibility for our time punches is on us, but computers are not available to us all the time, and many do not have home computers. Since we are paid so little, many do not have Internet service.
JA: Is there anything else important you think the Employment Lawyer should know?
Customer: Yes. This is an international company with very good earnings, I am told.
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.
Good morning,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please. 1. Are you saying that you are being held back at work is because of racial discrimination? That because of the difference in the way management treats your race, that you earn less money and lack advancement opportunities?2. How, if you are actually punching in and out, is it that your punches cannot count? I'm not quite sure that I understand. Doug
Customer: replied 1 year ago.
I am more interested in whether I could legally be denied a transfer to a store closer to home that pays $3/hour more. That was my first question, my main question. After main office refused to forward applications, which I found out is its standard practice, despite requiring current employees to apply for other stores on a particular website (which applications are not passed on to the target store and are simply held in limbo at main office in Atlanta, GA), my store refused to forward my HR stuff (evaluations, etc.) to the store to which I wanted to transfer. Then when that was finally forwarded, very late, the store to which I wanted to transfer claimed it had already hired for the season. Store also said it had to consider its own employees first (my job title is the LOWEST, so its own employees who wanted to be cashiers would already be doing that). That store is still advertising for cashiers, so obviously I was lied to.1. I am saying white cashiers are not treated well, paid well, or considered for advancement; call this what you will. It helps immensely to be Latina or Black at my store, especially if one is young but even if one is not young. Sexism is alive and well too.2. Time clock routinely malfunctions, and the 25 people who clocked out and went home before malfunction was "discovered" would not know clock had malfunctioned. More importantly, the procedures allow for payment to be withheld and checks to be manipulated, and many people have noticed this.
Customer: replied 1 year ago.
STOP!! I did not authorize $39 charge. Do not spend another second on this.
Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.I apologize for any inconvenience and wish you well in your future.Doug
Customer: replied 1 year ago.
STOP Do not respond to my question at all! I did not authorize $39 charge!
Customer: replied 1 year ago.