i had an emergency right before my shift, i didnt have time to call work, so i called the next day and my boss considered me a no call no show. as punishment, he took me off the schedule for the following week. is that legal?
Criminal Defense Attorney
Unless yu are a contract employee or in a bargainig group the guarantees hours , you may have no luck. If you wanted to file a lawsuit, you would have little or no damages. Good luck.
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Employment / Labor Attorney
An employer is not allowed to penalize, or otherwise create a disincentive for, an employee to take legally recognized time off. Your emergency is not described. If it was a physical or mental condition that required you to take time off of work, and you presented the employer with proof that the emergency was of that sort, the perhaps the punishment would violate the Fair Employment and Housing Act.
California employers of 5 or more employees are required to reasonably accommodate a temporarily disabling condition. Giving you one day off to address a true medical emergency probably falls into that requirement, since granting one day of unpaid leave likely did not create an undue hardship on the employer.
If you are having complications with the pregnancy, it would be a good idea to get a doctor's note indicating what restrictions you might have, including whether you may need certain days off on an as-needed basis, or allowance to come in late on morning sickness days, etc. If your Taco Bell is a corporate store, or is part of a franchisee who employs 50 or more employees with 75 miles of your workplace, then you have even greater protections.
It might make a great deal of sense for you to consult with an employment attorney who can assist you in setting this up in a way that your job will not be threatened as a result of medical conditions created by your pregnancy.
Good luck to you.
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Employment / Labor Attorney
I agree with Mr. Pedersen if your emergency was related to a medical condition. However, if it was not, then it is most likely legal for your employer to have taken you off the schedule for the no show. Employees and job applicants have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. And an employer can make decisions based on faulty or inaccurate information. An employer has no obligation to warn an employee that he or she is not performing as the employer wants. It’s not a level playing field. An employer hires employees to provide work for its benefit, not for the benefit of the employees. Don't expect the employer to take care of its employees; it doesn’t have to and it rarely does.
There are some limitations on what an employer can do, mostly in the areas of public policy (such as discrimination law or whistle blowing), contract law, union-employer labor relations, and constitutional due process for government employees. Please see my guide to at-will employment in California which should help you understand employment rights: http://www.avvo.com/legal-guides/ugc/an-overview-of-at-will-employment-all-states. After you take a look at the guide, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
Employment rights come from the state and federal legislatures. One of the best things people can do to improve their employment rights is vote for candidates with a good record on pro-employee, anti-corporate legislation. Another way to protect employment rights is to form or affiliate with a union, or participate in a union already in place.
I hope you can resolve your situation and wish you the best.
*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***
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