Legal Question in Employment Law in California
Cause for lawsuit or just a bad manager?
I believe my manager has a personal vendetta against me. I am a salaried exempt employee yet I am treated worse than an hourly employee. Several months ago, I had been working 10-16 hour days. I had repeatedly asked for help with my work but my manager refused to provide help. There were ocassions that I worked 12 hours one day and then came in a couple of hours late the following day. She forced me to deduct those hours from my vacation time even though the total weekly hours worked were more than 40 hours. She made notes of my tardiness yet it doesn't reflect the actual hours I worked. She then used that to write me up. She tried to force me to sign a piece of paper that had my tardiness and absences listed. Yet this paper did not address me nor did it have her name as the manager listed. I had gone to her manager, HR, and the president of the company. HR is on her side and has done nothing to investigate my claims. HR has also signed the written warning I received recently without investigating if it's correct. There is so much more. I'd appreciate any help or advice you can give.
5 Answers from Attorneys
Re: Cause for lawsuit or just a bad manager?
I will not repeat what the other attorneys have told you but wish to address one issue you mentioned. If you are truly classified as a salaried (exempt) employee, your company cannot deduct earned vacation time for hours you missed. Salaried employees are supposed to be paid their full salary, regardless of how many hours they work.
If this is still an issue, I suggest you write a letter to Human Resources indicating they made an error in deducting your vacation time, as California law prohibits their deduction of hours for salaried employees. It is unlawful to fire employees who complain about being paid improperly.
Re: Cause for lawsuit or just a bad manager?
You need to consult with an attorney regarding the specifics of your case. Most importantly, what is your position and with what type of company. Not all "exempt" employees are correctly classified as exempt. See our website at www.righettilaw.com
Please call if you would like to discuss your situation.
J.E.B. Pickett
Righetti Wynne
(800) 447-5549
Re: Cause for lawsuit or just a bad manager?
Find a new job where you are appreciated. No one said life is fair. If you are owed any money, you should file a claim with the Labor Commissioner for the wages, interest and penalties. Consult an attorney if you don't know how to do so.
Re: Cause for lawsuit or just a bad manager?
I need more informatin before I can advise....what kind of position, how big is your employer...how much you are making, etc. You have many recourses!!!!
Re: Cause for lawsuit or just a bad manager?
-There appears to be two issues. First, you may be misclassified as an exempt employee and be owed back overtime. Second, you may be being set up for termination. Although no legal action can likely be taken to prevent your termination, there may be ways to put yourself in better position if you are fired. If you wish further assistance, please contact me at 805/641-6600.
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