Employment Law

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First is this free or do I have to pay for a response? I…

First is this free...

First is this free or do I have to pay for a response?

Lawyer's Assistant: The Employment Lawyers require payment for their services. It's way less expensive on JustAnswer than face-to-face would cost.

OK - I missed a 9:00am meeting last Friday when I was not scheduled to work until 1:00pm. When I arrived at work I was told I was suspended for a week for missing the meeting. I had no idea that I would be suspended if I missed the meeting. This Friday my first day back at work I show up for the meeting and two other guys miss the meeting but they are not suspended and are allowed to work. Do I have any recourse. I am a car salesman and all of the sales I was working on before I was suspended were completed by other salesmen so I lost out on the sales. I am now sure that I will be written up for pour performance this month.

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?

Full time - at will

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

Can't think of anything

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Answered in 5 minutes by:
10/21/2017
Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,815
Experience: More than 30 years in legal practice.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

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Before I answer a bit more detail would be helpful please.

1. Do you have a written employment agreement for a fixed term requiring cause for termination, discipline or demotion?

2. Do you believe you were treated differently than other employees due to race, religion, ethnicity, etc.?

Ask Your Own Employment Law Question
Customer reply replied 9 months ago
I just have an agreement that states my pay but this is the car industry so they just blow you out when they want for no reason.
I was treated differently I don't know about race. I am the white kid the other two guys may or may not be the same ethnicity as my boss but I don't know there ethnicity as it doesn't matter to me.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all.

The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment.

If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible.

Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 38,815
Experience: More than 30 years in legal practice.
Verified
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Satisfied Customers: 38,815
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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.

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