Legal Question in Employment Law in California

Hello,

I live in California and recently have been applying to numerous bar-tending jobs to support myself during a lowly paid internship at an international NGO. I recently completed a Masters degree, but it takes a while to land the perfect job, so bartending has been a great skill to have to make some cash in the mean time.

You don't need to know that, but I wanted to let you know I'm just some uneducated, unemployed average joe trying to make a buck.

Long story short, I applied for a bar position in person (via request on a Craigslist posting), then proceeded to come in for an interview with the owner two days later after the bar manager and owner looked over my resume. After a 30 minute interview, the owner assured I was perfect for the position and they would be in touch.

I was then contacted one week later and requested to come in that weekend to train and have my first shift behind the bar.

That saturday, I was early, came prepared and had a killer bar shift, learned everything quickly, was complimented by everyone I worked with and left feeling good about my new part time job. The last thing I heard was the bar manager telling me that I was on the schedule for next week, and he would see me soon.

On monday (two days later), I was contacted by one of the restaurant staff (someone I had not spoken with before) telling me "We will be putting someone on next weekend, so we will let you know early next week." ---- Wait what? I was coming in for TRAINING, to start my new job which I was assured I was hired for by everyone I worked with and spoke to, there was no mention of a trial shift, or anything to that affect.

It has now been 2 1/2 weeks, and I have yet to be contacted by anyone. I went in and spoke with the bar manager, and he assured me he said nothing but compliments about me to the owner and restaurant manager and was surprised I hadn't been working.

I have left messages, and have not been called back, nor of course was I compensated for my time in any way.

I have three issues with this whole situation - no mention of a trial shift, avoidance after the fact, and finally, no monetary compensation for my time that was wasted under false pretenses.

I know this is bad business practices, as I have worked in HR before, but beyond that - what are my rights in this instance, what is the legality surrounding non-explicitly stated trial shifts?

Thanks so much for your help.


Asked on 4/07/11, 6:07 pm

1 Answer from Attorneys

The only thing that I see in this from a legal standpoint is that you are entitled to be paid for your training shifts. File a claim with the Dept. of Industrial Relations Bureau of Labor Standards Enforcement (colloquially known as the Labor Board). I believe you can even submit claims online these days.

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Answered on 4/08/11, 9:52 am


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