Legal Question in Employment Law in California
My employer is forcing me to take a week off without pay because he said " you need to get yourself together". He stated that I can return to work Monday morning if I'm able to put in an 8 hour day, and if not to quit instead. I recently came down with the stomach flu and missed only one day of work, which I believe is related to my week dismissal. Can I collect EDD benefits as a result of this.
Since I have worked for my employers, I have been verbally abused and threatened, been told to perform hazzardess tasks that I'm not trained or insured to do. They have shared my employee file with others. One of my bosses has offered to sell me illegal drugs. He has also called me names that offend me. I've worked overtime that I have not been compensated for. I have been accused of stealing which I proved wrong in the end. Do I have a legitimate lawsuit I can file against my employer?
1 Answer from Attorneys
Unless you are fired for misconduct or quit, you are probably entitled to unemployment benefits.
Employees have the 'right' to pay and employee benefits per the state wage and hour laws, and formal company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.
IF you think you have a valid claim under those requirements, then feel free to contact m.e
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