Legal Question in Employment Law in California
employment questions
I recently asked my manager why he didn't provide W4's, I9's or employee manuals to new hires. I am the office manager and thought is was a straight forward question. I was basically told it was none of my business and he was exempt from having to provide or collect these forms. Since, he's cut my hours, ban me from the store when he's not there, won't allow me access or use of office equipment to do my job and then tried to get the owner to fire me by saying I wasn't completing my work or showing up. Now I'm forced to do heavy lifting and moving of inventory, which is not a part of my job. What should I do.
2 Answers from Attorneys
Re: employment questions
Sounds like retaliation, arguably from his fear of disclosure of illegal conduct. Not quite whistleblower retaliation, but similar, since you didn't threaten to disclose to authorities. An attorney could 'educate' them about the improper conduct towards you, and/or you may have the basis of a lawsuit, depending upon the provable facts. Proof is a big issue in deciding what to do. Feel free to contact me if interested in pursuing.
Re: employment questions
There is an audit unit within the California Employment Development Dept. that invesitgates companies that do not comply with reporting and tax withholding requirements. It sounds like this company is not reporting its employees nor paying into the reserve accounts as legally required.
If you wish, you can blow the whistle on this company and the EDD can conduct an audit. Of course, your job will be at jeorpardy, if you do this. So you may wish to consult with an attorney first.
You should keep notes of all relevant information at home, including a list of all of the employees, so this can be cross-referenced by EDD. Also keep a diary of all pertinent events in case you need to refresh your memory later.
Finally, check with the state and federal government for your own benefit to see if your own taxes have been paid by this employer.
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