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how do i file a complaint against my employer and what are

Customer Question
my rights?...
how do i file a complaint against my employer and what are my rights?
Submitted: 6 years ago.Category: Employment Law
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Answered in 7 minutes by:
3/1/2011
Employment Lawyer: LawTalk, Attorney replied 6 years ago
LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,857
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
Verified
Good morning,

I'm sorry to hear of your dilemma.

Unless you have a written contract of employment with your employer, you are considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, as well as the typical office politics which can be so troublesome.

In CA, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

Now, if you have worked there more than a year, you have worked more than 1250 hours in the last 12 months for the employer and the employer has at least 50 employees, you may qualify for unpaid time off to assist with your father's needs. However, as far as your school commitments are concerned--your employer is not obligated to accommodate your school schedule if they don't want to under the laws of the State of California.

I wish you well.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

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Customer reply replied 6 years ago
I understand that they can terminate me, but what i do not understand is the employer works with everyone else...in every other store. I was hired to close 4 years ago, but for the past 3 years I have only closed one or two nights a week..so I began school. My manager has no issues with this, she set a schedule, i adjusted school to accomadate the store, i went from one night closing to two nights, adjusted school again, I am a second year IT student and I attend school 5 nights a week. The only time these people make it an issue is when someone quits or gets fired and they do not want to find coverage. right now my manager is on sick leave, they have a regular employee trying to handle everything in the store, the schedule changes at a split second, people who are scheduled take 4 and 5 days off and then we are expected to run a complete operation on three people, from opening to closing...if a person is scheduled for a shift which is normally 6 hours maximum, then is it legal for the supervisors to call and say who ever is there and has done the work all morning has to stay and close the store? is it legal for them to take away time off? is it legal for them to take over time from one day. like a 10 hour shift with no breaks and no lunch and move the over time to a day where a person only worked 4 hours? is it legal to change the schedule every day, four or five times a day? is it legal for them to threaten a person and tell them they have to stay when they are sick or when they have completed their shift or they can look for another job, every day? is it legal for them to reaggange everything on the schedule for everyone else in 15 stores, but say no to one person? or legal to put medical issues out publically in the facility? there are so many issues in this facility. They force people to work sick..is that legal? and finally, if i quit, do i have grounds to file for unemployment while i seek another job
Employment Lawyer: LawTalk, Attorney replied 6 years ago
Other than bing upset and needing to vent---do you have a specific question? I can not spend the time to respond to 20 individual questions. Additionally, the Terms of Service of JustAnswer specify that each customer ask one question in each question thread. I would respectfully XXXXX XXXXX you open a new question thread if you have a new question to ask of me. You may ask for me personally by referring to me by name (Doug) in the question and I will be able to answer your continuing questions.

However, aside from the failure of the employer to give you a meal break or a rest break as required under CA law, it appears that everything else they are doing is legal.

I do not see where you would qualify to quit and receive unemployment benefits. To do that you must PROVE that your quitting was justified.

Justification in quitting your job which might be persuasive to an Unemployment Insurance Appeals panel would include:

  1. Sexual or other harassment
  2. Needing to move with a spouse or dependent child to another place of residence
  3. Discrimination (Ethnicity, Color, Religion, National Origin, Age, Sex and Disability)
  4. Working conditions that endanger your health or safety
  5. Major changes in the terms and conditions of your job affecting wages or salary
  6. Excessive overtime or an employer’s refusal to pay for overtime work
  7. Major changes in work duties
  8. Difficult relations with a supervisor, for which you are not primarily responsible
  9. Your employer is doing things which break the law
  10. Pressure from your employer or fellow workers to quit your job

Some Reasons for Quitting that May NOT Be Serious Enough to Still Get Unemployment Benefits Are:

1. Can't find day care (unless it's your boss's fault)

2. Don't have transportation to work

3. Stress caused by the job, unless the employer made big changes to your work conditions

4. You didn't get a raise or promotion that was promised to you

5. You are not getting along with a co-worker

6. A small decrease in your hours, benefits, or pay rate


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk
LawTalk, Attorney
Category: Employment Law
Satisfied Customers: 37,857
Experience: 30+ years legal experience and I keep current in Employment Law through regular continuing education.
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