Legal Question in Employment Law in California

My hours at work are changed and my apartment is in jeopardy

They have changed my hours at work. I was sick the other night, the second time in 5 months. I came into work, in person (the number isn't listed and I wasn't at home when I got sick) They seemed fine, asked me if I was going to be in the next night (tonight) I said yes, and then when I came into work tonight, (which is holiday pay) I was told I needed to go home and call back to the manager tomorrow, I was off the schedule. I work at an Am/pm mini market. I am a openly lesbian female, the only gay person in the store. Many others have either been late or missed shifts completely and not been off the schedule. Is there some sort of notification they have to give me before removing me from the schedule. Can you help me


Asked on 11/25/99, 4:30 am

1 Answer from Attorneys
Thomas Pavone Pavone & Cohen

Re: My hours at work are changed and my apartment is in jeopardy

Your question raises two issues. First, with regard to reporting to work and being told that you were "off the schedule", without prior notice of a change in your previously established schedule, obligates the employer to pay you for one half of your scheduled hours for that day, up to a maximum of 4 hours.

As to a potential discrimination claim based upon sexual orientation, you will need more than a change in work hours to the only gay employee, to sustain such a claim. You should seek the counsel of an experianced employment attorney in your area and discuss all of the facts, including any indications by the employer of sexual orientation bias or animus.

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Answered on 12/04/99, 2:02 pm


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