I have been working for a large non profit organization for close to 4 years..its been hell to say the least..we have a supervisor and a lead staff...supervisor is very bias and takes side with staff who are her pets..the person who is lead staff ...
Why not leave for a job where you are treated better? Unfortunately, for the reasons expressed by the other responding attorneys, that is likely your only option. I am sorry.See question
I'm an hourly employee in CA. My pay period ends every other Friday and every new week starts on Saturday. I understand that my job can request me to work overtime with proper compensation. However, my managers requested that I work Thursday throu...
Mr. Nguyen is correct that the 9th Circuit is presently examining the issue of whether the "day of rest" is calculated by work week. But it is also important to note that CA's "day of rest" law has a ton of exceptions--so many that they come close to swallowing the rule. Cases of emergency are excepted, certain types of jobs are excepted, and perhaps most notably, "when the nature of the employment reasonably requires that the employee work seven or more consecutive days” then an employer may comply by ensuring that “in each calendar month the employee receives days of rest equivalent to one day’s rest in seven." So, you really face a lot of obstacles to any sort of legal claim against your employer based on violation of the "day of rest" law.See question
Working for a very high profile startup in Palo Alto for a long time. They are forcing a lot of their older (long term) employees out. They strong armed me and said not to say anything to anyone and I will get a nice package. They said I was no...
Whether you have a leg to stand on depends entirely on the evidence you have to suggest that you are being let go because of your age. That is a factual question and ultimately appropriate for a jury to decide, but the burden of proof falls on you. Essentially, you need to demonstrate that "but for" the fact you are over 40, you would not be let go. Also, it should go without saying that your employer will require you to waive your right to sue them for age discrimination as a condition of receiving any kind of severance package. You will need to carefully consider whether that package is worth turning down in favor of a lawsuit. Definitely don't sign anything before having your situation reviewed in a confidential setting by a local employment attorney. Good luck.See question
I been working under stress and unworkable conditions
Having a doctors note does not make you immune from termination. However, if you have a disability (a condition which "impairs a major life function") your employer is most likely required to provide "reasonable accommodations, which may include allowing you to take protected time off work. If your employer as 50 or more employees and you have been working there for a year or more, you may also be eligible for protection under the FMLA, which would entitle you to take up to 12 weeks of protected leave.
Consult with a local employment attorney to determine precisely what rights you may have. However, be prepared for the possibility that you may not have any remedy for a stressful and difficult job aside from finding a better job.
Good luck.See question
I am looking for an employment attorney for a free consultation. Regarding retailation and whistleblowing. I am stuck and needing to speak to someone who i could obtain as an attorney in the Los Angeles area Please help
This is a question and answer forum, it is not the place to solicit an attorney. You will need to take the initiative to contact attorneys in your area. Good luck with your issue.See question
26+years with same large corporation. Have been managing call centers for 16 years. In 2014 my new director said I am ineffective and I will lose my job. I ended up in the ER. My dept is doing as well as possible, given that the same director ref...
You cannot force your employer to respect you or to think favorably of your work. Employment in CA is "at will" absent an express agreement to the contrary and thus subject to termination or modification at any time for virtually any non-discriminatory reason.
You state this is "clearly age discrimination." What makes you say that? You own post provides another clear motive for your employer's action--the perception that you are ineffective at your job. However unfounded that opinion may be, it is a perfectly lawful basis for termination or demotion.
If you have other evidence of age discrimination (for example, derogatory comments about how old you are, or a pattern of less favorable treatment of older employees), then perhaps you have something to go on. But simply calling this age discrimination does not make it so. The burden is on you to prove the unlawful motive, and barring adequate proof, there is nothing you can do to protect yourself from the unfair actions of your employer.See question
Why or why not?
It might be illegal if the person is fat because of a medical disability. However, even then there would be no claim if the employer was unaware of the disability, if being thin was an occupational requirement (i.e. a runway model), or if the applicant was physically unable to do the job.See question
What can I do if the employer does not pay me the overtime properly? What are my rights and what should I do? The employer never mentioned paying overtime when I have worked up to 7 days a week, and at times, 6 days a week of 8 hours per day.
The first question is whether your position is exempt from overtime. See here for a list of common exemptions: http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm If you are not exempt, you are entitled to overtime for hours worked in excess of 8 per day, hours worked in excess of 40 per week, and any hours worked on the 7th consecutive day of the same work week (the default work week begins on Sunday). Your options for collecting unpaid overtime are to file a lawsuit with the assistance of an attorney or, alternatively, a wage claim with the DLSE. Good luck to you.See question
All my coworkers got paid on time but my check sum how didt show up with the others we all had to get paid on Monday its been 4 days and I still havent got paid what can I do
It sounds like this is a mistake that will be sorted out soon. If that is the case, you do not really have any legal remedies, at least none that would be practical for you to pursue. Have you spoken to HR and have they provided an explanation for what happened?See question
I was terminated because maintenance tasks could either not be completed at all, or the tasks would take me much longer to do to adequately simply because the manager refused to supply the proper tools that would allow me to do these tasks. I hav...
Your employer has no legal obligation to give you the tools to succeed at your job. Most private sector employment is purely "at will" and as such can be terminated at any time for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc) or retaliation for engaging in certain protected activity (filing a workers comp claim, taking FMLA leave, etc.), regardless of whether the basis for termination is fair, reasonable or true.
It sounds like this job was not the right fit, both for you and your employer. All you can do in that circumstance is move on. You should be eligible for unemployment benefits in the mean time. Good luck to you.See question