Here is a link to some California FEHC regulations and guidance that may help you evaluate the situation: http://www.fehc.ca.gov/act/harass.asp http://www.fehc.ca.gov/act/regulation.asp
Selected as best answer
You may have rights under the Fair Credit Reporting Act (FCRA), which has certain requirements relating to background checks. http://www.ftc.gov/os/statutes/031224fcra.pdf http://www.ftc.gov/os/statutes/fcrajump.shtm
Unless there is a confidentiality agreement in place, the supervisor "may" tell another employee why you were fired. The question would be, however, whether that employee had a business-related need to know that information and whether the information conveyed was truthful. Generally, supervisors telling other employees why someone was terminated is considered a bad HR practice and is discouraged by employment lawyers.
I have to agree with Robert that there does not appear to be anything unlawful about this practice. The issue of scheduling is more of an HR practice one than a legal one -- and it is not a good HR practice as it will lead to employee dissatisfaction and unrest.
The prior post makes a good point. When you hit 15 employees you are covered by Title VII (race, color, sex, national origin, pregnancy, religion) and the ADA (disability). With even several employees, you end up being covered by either the Fair Labor Standards Act or state wage law. Yes, the FMLA comes into play at 50. It would be wise to retain employment counsel and have them do a review of your employment practices/policies/handbooks. You should already have discrimination/harassment...
No. The federal Fair Labor Standards Act also requires accurate record keeping of time worked.
1 lawyer agreed with this answer
1 person marked this answer as helpful
You should check with the court clerk to see what is on the official docket. Answering the complaint is merely the start of the case. Now you are in the discovery phase.
2 people marked this answer as helpful
Definitely hire an employment attorney to write the agreement, but look for one that has experience with tech/IP issues.
1 lawyer agreed with this answer
Usually dismissed without prejudice means the case CAN be refiled again. Dismissed with prejudice means it CANNOT be filed again.
1 person marked this answer as helpful
I can't tell you what state law in Washington provides, but the first place you should look is the PTO policy itself. Vacation and sick leave issues are almost always resolved by reference to the language of the employer's policy. Or, if you are in a unionized workforce, the applicable labor contract should address it.
1 person marked this answer as helpful