Hello my name is Richard, by trade I'm a concrete carpenter. I've been working with this company for about 4 years now, in the beginning every thing was great but for the last year I've been really stressed out, work got slow but i managed to stay with this company through the layoffs. As of right now I'm working for the direct company and not in the sub division witch is the concrete division. Now in this concrete division there's the superintendent and a formen whom are trying to get rid of me "to make room for there key guys" in the superintendent words, and the only reason I know of this is because the the superintendent that I'm working for right now who is in the actual company not the sub division told me of there conversation and I've been stressing on this, and to make the matter worse I'm being paid less then the other carpenters and my work load has grown. Also currently on this job sit the formen of the concrete division which has been there for about a month now and has pulled rank and has taken my tools i need to do my job, I've tryed to reach out to the superintendent of the concrete division but with no avail, the stress just continues to grow, can you help?
Unfortunately, unless you have an express agreement to the contrary, you are an at will employee, meaning you can be terminated for any reason or even no reason at all. As unfair as it seems, it is not unlawful to terminate an at will employee to make room for other favored employees.
The handwriting appears to be on the wall. It is probably time for you to start looking for other employment. Good luck to you.
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This sounds like a difficult and unfair situation. I wish that made it illegal, but it does not. Unfortunately, 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.thespencerlawfirm.com/pdf/tslf-at-will-california.pdf. 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.
The one thing in your post that indicates *potential* illegality is your comment about the tools. If these are tools you supply – your own property – you may have a claim.
It is a harsh world and California employment laws are hard on employees. 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 there is a good resolution to this situation.
* * * PLEASE READ: 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 must not be taken as legal advice. Legal advice must pertain to specific, detailed facts which are impossible to gather on a public web site like Avvo. * * * No attorney-client relationship is created based on this information exchange. * * *
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