Legal Question in Employment Law in California
Not sure if I have a case or not
I came back to work after 6 weeks of having baby. I was scheduled for 38 hrs a week & ended up working 45-50 hrs per week. Did that for almost 2 months when I talked to her and told her that other people were below 30 hours for over a year and needed to be 35 or more to collect benefits and they wanted their 40 hour $. Discussed schedule with all staff & made schedule as usual. I scheduled myself for 29 so that if I worked the min then I would be working anywhere for 36-41 hours. She called to tell me that I had no right to change my schedule even though it was my job. I told her I couldn’t work 45-50 with no breaks. She said that she was going to cut my hrs to 25 and cut all my medical, dental, vac & sick pay to spend time with my baby. She said that I needed to put my child in daycare or that my husband needed to quit his job. She cursed at me and said that I abandoned the people at my job so now that I was back everyone else got a break while I had to pick up the slack. She gave my seniority to other employees, allowed them to work under the 35 hours for the last year up & never threatened or took away their benefits. She did not make others who went on disability pick up slack for when they were disabled.
2 Answers from Attorneys
Re: Not sure if I have a case or not
CONFIDENTIAL COMMUNICATION
The employer is retaliating against you because you had a baby. As a society, we value people, and their right to have babies, without consequences at work. Your employer is acting illegally. There are several things you should do before filing a lawsuit though, including documenting what has happened. . . . you really should have an attorney advising you through that process. Good luck.
Feel free to send me a private email with all of the facts.
Re: Not sure if I have a case or not
The simple answer is that your employer appears to be 'retaliating' illegally. Your remedies include returning to your appropriate schedule, lost income and other damages. You can start with negotiations, and sue if they don't resolve it to your satisfaction. Contact me if interested in doing so.
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