How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LawTalk Your Own Question
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.
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

About a month ago 7/20/16 I asked an immediate supervisor if

Customer Question

about a month ago 7/20/16 I asked an immediate supervisor if it was cool if instead of returning to warehouse in afternoon I went home as it was closed in the past this had been an understood action. since I live 25 miles from the plant it was better if I went home because it was closed than driving back to the plant and then home. so on this day since I am now a relief person I made a point to ask permission. this was never a requirement in the past I thought I was just being polite. so upon returning home I was writing notes for the route since I would be on vacation the following week, and was expected to sell the route for an extended period. I arrived in my driveway at 400 pm. and told the human resources office on 2 occasions that I was done working at 430 pm. for that reason. so I go on vacation from 7/24 to 7/31, and not once from 7/20 to 7/22 was I asked about the extra 30 minutes. I am gone forever 9 days on a trip across the US to see my dad in ohio. I return on 8/1 I work 8/1 through 8/4 and at 4 pm on 8/4 i am brought to the human resources office and told 15 days later that I would not be paid and given a written warning. since I of course did not remember right away I accepted the warning said I would do better. I went home and looked at the record that I keep and discovered why the extra 30 minutes was claimed, and emailed them to explain. I was basically told had I explained this to them when asked in the office 15 days later It would not have been an issue. well if I had remembered I would have explained. the supervisor was behind the written warning because when I returned on 8/1 there was an email stating that I did not time out on 7/20. and I had sent an email mail on 8/21 with my time. so I forwarded it to all 3 people. and 3 days later written warning.
since then I have been made to work in breakage not that big of deal, except today I was told to be there at 7 . I asked if it was a big deal if I arrived at 6 because it has been 100 or more in redding and I could leave at 3 if I was able to clock in at 6. the regular breakage person used to come in at 4 am. and that was not an issue. however today I was told 7 is good. when I worked last week I clocked in at 630, since I was not given a time. there is no reason that I am aware of that this position needs to start at 7 am.. in fact as long as I am there for 8 hours the same amount of work will be done. this person caused me to question my value in the company so much that in January of 2016 after knee surgery I resigned as a sales rep with a route and requested the relief position. from Jan through may. things got better as he was no longer my direct supervisor. however in June that changed and he became everyone's direct supervisor . since then I received this warning and have been given breakage detail. with time constraints. human resources now thinks I lied about my time, and at this point I believe I am the next one on the list to get fired. since he has been a supervisor in2012, 5 or 6 sales reps have either quit or been fired because of his recommendation. I have been with the company12 years and made the mistake of considering him a friend. but when it became me who might be the weak link due to the arthritis in my knees and surgery, all of the medical and mental stress issues I had spoke to him in confidence about seemed to be being exploited and used against me. I was having major anxiety for a couple years and when I told him I ended up in human resources having a major melt down and making him look good. what can I do to avoid losing my job or get them to pay my pain and suffering in case I am not able to get another job in the same line of work? please help
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post. I am sorry to read about your difficulties. However, I do not understand exactly what you need assistance with. What is your specific question?

Thank you for your cooperation,