Legal Question in Employment Law in California
Manager took me off the schedule without explaining.
I am a massage therapist and I work at a day spa. I called in sick on 9/24/06. The next day 9/25 and told me that he had taken me completely off the work schedule and that he would call me in a few days to talk to me.I have been calling other managers at work and they don't know what is going on. My manager called me 9/27 in the afternoon and LM that I am still work the schedule and that there is a meeting with him on Friday, 9/29/06. I have missed four working shifts losing around $150 a shift. If he is going to fire me on friday is it legal for him to not allow me to work till it is his convenience to meet with me. NO paperwork has been given to me, only his two phone calls. I have bills to pay & cannot afford not to work. Is this legal (not allowing me to work)? When someone is terminated for three write ups don't the write ups all have to be for the samething?
Thank you so much for your help!
2 Answers from Attorneys
Re: Manager took me off the schedule without explaining.
You have brought up several good points about how to best run a business, consistent write ups, treating employees with respect, termination in a timely fashion, not interferring with your working schedule... However, none of what you speak of (respect and good business sense) is illegal conduct. The law is not written to protect you from this type of conduct unless it is based on discrimination or the like. I am terrribly sorry, but I don't see anything illegal per se to help you with.
Sincerely, Beth Mora
Re: Manager took me off the schedule without explaining.
It does not look very promising for you. You do not say if you are an independent contracgtor or employee. If you are an IC, you have no recourse. If you are an employee, you also have no recourse, unless you belong to a union. Union contracts can include employee workplace rights that are not part of the law. If no union, then you are an "at-will" employee, and your employer can fire you for a good reason, bad reason, or no reason at all.
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