Legal Question in Employment Law in California

Re: Can Employer be held Liable for giving inaccurate information about Benefit

If they won't make it right, you can file a claim with the Labor Commissioner for unpaid time.

Re: Can Employer be held Liable for giving inaccurate information about Benefit

The answer depends on whether the employer truly earned the 24 hours in question. If she did, she must be paid for the time earned. If she did not, the employer does not have to pay her for hours not worked or earned, assuming she is an hourly employee. If she is salaried, then she must be paid her full salary, regardless of how many hours she worked that week.

In theory, she could claim she relied upon the employer's statement to her detriment. We lawyers call that "promissory estoppel". I guarantee you that the employer will never acknowledge this legal theory, forcing her to take them either to the labor board or small claims court. This will not sit well with the employer. One must question if fighting for 24 hours pay would be worth it.

This employee should attempt to resolve the issue diplomatically. If necessary, she should consult with a labor law attorney near her to strategize how to best address the issue.