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My son worked for Safeway in susanville california on school

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days he was only suppose...
My son worked for Safeway in susanville california on school days he was only suppose to work four hours by law but management would have him and other minors work six hours. the manager would tell them to not say anything and would let them have lunch from the deli for staying. Corporate started coming to susanville safeway and fired the manager and others. Then started having formal interviews with employees. When my son was interviewed they asked him if he had items from the deli. when he said yes they fired him and said that was stealing. the old manager was gone. now safeway turned my son and now me over to collection for five hundred dollars in damages and three hundred in restitution.
Submitted: 1 year ago.Category: Employment Law
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9/7/2016
Employment Lawyer: Gerald, Esq, Attorney replied 1 year ago
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 4,575
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me as I verify somethings for you. I will respond fully shortly. Thank you for your patience

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Employment Lawyer: Gerald, Esq, Attorney replied 1 year ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

1) because the Manager authorized your son to have deli items the Store is Estopped from claiming theft and from seeking damages. Estopped is a legal term that means when a person tells you something and you rely on it they can not hold you accountable for relying on what they said. In this instance the manager was the face and authority of the store. He is liable not you or your son.

2) the company violated employment laws by over working your son.

So what you can do is two things:

1) File a Complaint with the State and federal Department of Labor:

https://www.dol.gov/wecanhelp/howtofilecomplaint.htm

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

2) file a claim against the company.

You can also try to get the media involved to embarrass the company for bullying and harassing the kids.

You should contact a local employment law attorney to assess your situation. If you have a valid counterclaim (and you may) the law provides for the employer (if they lose) to pay your attorneys fees. Also most attorneys will meet to assess your case for little or no cost. So it is worth making a call or two. This link can assist you in finding local counsel:

http://www.lawyers.com/labor-and-employment/california/find-law-firms-by-city/

You want to put on a hard court press to get this company to re think their position of targeting these children for the violations of their manager.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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