Expert Advice When You Need It Most

Do I need an Entertainment Lawyer or an Employment/Labor Lawyer? Or both?

I have two issues concerning the same establishment, Zen Compound LLC, which houses Temple Nightclub, Prana restaurant, Temple Music Group and Pacific Care Products.

I was verbally harassed on many occasions by my employer Wendy Hemming of Zen Compound LLC. The emotional stress I suffered, from said harassment, and after an intense verbal assault by Wendy Hemming, I was left with no other choice but to quite.

My most recent position at Zen compound was running Pacific Care Products. On March 18th I was offered more work, with no extra compensation, by Wendy Hemming. The work that was offered was that of accounts payable and payroll for the club, restaurant, and music label. Neither of which I have any experience, nor ever showed interest in managing. When I thanked her for the

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Attorney answers (4)

Reputation Level 10
It is extremely difficult to establish a wrongful termination claim if you quit. If you were forced to work overtime, even if you are salaried, you may have a good claim for overtime pay. Also, if you were not given breaks, you would have a claim for unpaid breaks. I don't know how their tipping policy worked, but you might also have a claim in that area, depending on how their policies were set up.
4 people marked this answer as good

Reputation Level 20
An employee at will can be fired for no cause at all. Without a union or an employment contract you have to recourse.

Discrimination based on gender, age, race, religious beliefs etc.. may give rise to a different answer.

Good luck to you.

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5 people marked this answer as good

Reputation Level 11
Under California law, general harassment is not illegal (i.e. personality conflict with a mgr, a micro-managing supervisor, being written up for minor issues). It is illegal if you are being harassed/discriminated based on a "protected class" (i.e. race, national origin, age over 40, gender, sexual orientation, disability, religion). If you have been harassed/discriminated based on any protected class, you are required to first file a charge with either the California Department of Fair Employment and Housing or the federal Equal Employment Opportunity Commission. Either of these agencies will be able to issue a "right to sue letter" which will permit you to proceed with a lawsuit.

Generally, an employer is not required to pay extra for giving an employee additional duties. It is unclear whether you are an exempt or non-exempt employee. Most employees are non-exempt. Non-exempt employees are generally paid based on an hourly rate, and most importantly, they are entitled to overtime if they work more than 8 hours per day and 40 hours per week. If you are non-exempt, and it takes you more than 8 hours to complete the additional tasks given by your employer, then you would be entitled overtime pay.

However, if you are an exempt employee, an employer would only be required to pay a regular salary. As an exempt employee, whether you work 10 hours a week or 60 hours a week, you will only be entitled to your regular salary.
3 people marked this answer as good

Reputation Level 19
I think you need an Employment Law attorney since the dispute is with your former employer.
5 people marked this answer as good

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