California Employment Law

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I was wondering if a supervisor texts you a warning through…

Customer Question
I was wondering if...

I was wondering if a supervisor texts you a warning through about a final warning should it be seen as a threat

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will and Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

That it’s about scheduling conflicts and I told them in advance I couldn’t work certain holidays because childcare is closed and they said they didn’t care pretty much

Submitted: 6 months ago.Category: California Employment Law
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Answered in 1 hour by:
12/24/2017
California Employment Lawyer: socrateaser, Lawyer replied 6 months ago
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 40,055
Experience: Retired
Verified

Hello,

A threat of intimidation (legally termed, "extortion") is only wrongful if the perpetrator has no independent right to the thing demanded by the threat. Example:

If your employer has the independent right to demand your employment under your employment agreement, then the threat to terminate your employment unless you show up for work is not wrongful.

Under the typical employment contract (whether written or oral), an employer has the independent right to demand that an employee work. The employee has the right to refuse, and the employer has the right to terminate the employment contract (Cal. Labor Code § 2922).

So, here there is no extortion and no wrongful threat.

By contrast, if the employer were to demand $100 if you want to avoid being fired for failing to show up for work, then that would be criminal extortion -- because the employer has no independent right to demand payment from an employee as a substitute for the employee's availability for work.

In sum, while a text from an employer making a demand on an employee could be criminal extortion -- based on the manner in which you have asked your question, this particular "threat" is not illegal extortion.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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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).

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