Legal Question in Employment Law in California

My husband has been employed,as a painter,with the same construction company for 32+ years.My husband's been employed with the company longer then all of the other employee's,since the founder/owner passed away 4 years ago.

He had always been issued master keys to all the apartment(apt.) complexes owned by his company.

Over the years,usually around the time for his annual review,he starts getting,well,basically verbal warnings about the appearance of his company issued uniforms.i.e.-too much paint/unkept appearance.I wash his uniforms regularly,as best as I can.Paint just doesn't wash out of white canvas.His annual raise is based upon the boss's suggestion's & complaints,etc.

.

The problem has usually,not always (occationaly the uniforms have been issued complete),been the fact that my husband rarely gets issued the full sets of uniform at the same time.So he will get 5 new pairs of pants,but no shirts.Or visa versa. Sometimes having to wait months for the shirts,or pants, to be issued.Therefore,having to wear the same 'dirty' uniform shirts with new uniform pants,or visa versa.

For some reason,this doesn't seem to be a problem for any of the other painter's employed in the same dept.

Year,after year,his raise has been mininmal due to the fact his uniforms are not up to the standard,the company wants.

The company policy is that each dept. boss,orders & issues,all employee's uniforms,under that dept. boss's authority,as the boss see's fit, per employee.

A few years ago,he had a touch of intestinal flu,& started towards the employee restrooms-3 full apt.units(each approximately 1/2 city block in size) away,& could not make it that far.He knew 1 apt was completed for re-renting,so he used the restroom.He thoroughly cleaned any traces up,using the required disenfectant.& locked the apt back up.1/2 way back to his assigned job,he came upon the asst. manager,he told her that he had to use the apt. bathroom,but had cleaned it & relocked the door.She nodded & he returned to his work..

Next morning,the dept. boss came in with a formal write-up,& literally tried to force him to sign the write up.

It was based on the use of the apt restroom & his appearance,i.e. too much paint on his uniforms.

My husband had called me very upset on his break,& I told him,under no uncertain terms, to not sign that write up,or any other,without legal labor advice 1st.He never signed any of the write-ups presented over the issues stated.

This issue lasted over several months,& it was since that bathroom incident,that they refuse to work him,no matter what kind of weather it may be,inside anymore.His sets of master keys were taken back.

At times,the boss has to find something,no matter how menial the task,or whether the assigned task be necessary,& gives my husband the work order to do ,but never to any of the other painters,& always outside.Sometimes,for weeks upon weeks he's made to 'power wash' the sidewalks,& parking lots only.

Today,he was using equipment that had to be plugged into the electrical outlit.the closest happened to be inside the apt.complex's office.The manager had to do something outside the office,& unplugged the cord,& locked the office,saying,she wasn't 'allowed to let him in.'

So he had to stand & wait until her return to go about his assigned job.

Yet,just a few days ago,another painter was allowed to remain alone,& work inside painting,on overtime,in the same office,of the same complex,even after the office had closed!!

My husband has been very loyal & patient with his employers in this company,& has no arrest or criminal record whatsoever.

We feel he's being discriminated against for,reason's we are not sure of.THe underlying issues are beginning to affect his mental & physical person.He's not happy with the way he's being treated,& it's affecting his mental state when he arrives home everyday.He's starting to get severe headaches & back problems.

Does he have a possible case?

1 Answer from Attorneys

Related Questions & Answers

More Labor and Employment Law questions and answers in California

Looking for something else?