Legal Question in Employment Law in California
Can my dad sue his job if they send him home a couple of times a week without pay?
Or sue his job because my dad worked this past Saturday for 4 or 5 hours and his boss told him to throw alway time sheet of that day to the trash because he wasn't going to get payed?
3 Answers from Attorneys
Your father is entitled to be paid for the time he worked on Saturday.
If your father is at-will, then chances are good that he can be sent home before the end of his shift -- but he must be paid for the time he was at work.
Employers must pay employees for all time worked, including any overtime (over 8 in a workday OR over 40 in a workweek.) If an employee shows up for work as scheduled and is sent home early, he/she is to be paid for the time worked and sometimes more depending on how much time he/she actually worked. Have your father call an employment law attorney to discuss.
The company controls the hours and shift schedules, and can reduce them if they want, as long as he gets paid for all his time, and at least two hours pay for showing up and being sent home immediately.
If he can show proof and evidence to back up his allegations of not being paid for time he worked, he has a claim for unpaid time, with penalties and interest. If the company in any way retaliates against him for making any such claims, he will have grounds for a new and more valuable lawsuit. Either way, if he is serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible