Legal Question in Business Law in California
employer do not give enough vacation time, threat to lay-off, cut working time
My mom is working for a candy company. The company aggrees to let her accumulate holidays up to three years. She has accumulated up to three years and prepared to take a long vacation to see her dad in China for three weeks. When my mom asks for vacation days and sick days off to cover those three weeks long vacation, the owner only gave her one week paid vacation days, and would not check for my mom if she has use any vacation days in the pervious years. My mom requests her boss to check a few times, and the boss threaten my mom by saying she needs to cut her hours. My mom is working 4 days out of 5, then 3 days out of 5 days a week instead of 5 days a week before. The owner has tendency to lay-off people eventually once she is mad at someone. If the boss does lay off my mom, I want to ask if my mom can sue her. What kind of recovery can my mom get? My mom does not speak English. She speaks Chinese. She's afraid of being charge by laywers and not winning the case and there is a language barrier.
Please give me suggesstions and advice. Thanks,
Linda
2 Answers from Attorneys
Re: employer do not give enough vacation time, threat to lay-off, cut working ti
You need to see attorney. Many claims appear available. First consultation typically without charge. Call if you wish to discuss.
Re: employer do not give enough vacation time, threat to lay-off, cut working ti
If she is not paid for her vacation time she should file a claim with the California State Labor Commissioner, Division of Labor Standards Enforcement. She should not have to hire a lawyer, they will do all the work for her.
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