Legal Question in Employment Law in California

I was put on suspension last week for cursing and got a call yesyerday and was terminated so i called the owner and pleeded my case and got another call an hour later saying i got my job back to come in the next night than a couple hours later got another call telling me to come into the store now and i was handed my last check and was terminated.All i did was ask for a break after 5 hrs of work and was told to do the dishes instead so i got mad and cursed and that's when and why i was suspended.I ahd worked for the company for 8 yrs and this is my first offense and also over the eight years there had been numerous times that i would not even get a break after working 6-8 hours.Is there anything legaly i can do?Can i request back pay for all the times i did not get a break


Asked on 11/17/10, 9:07 am

2 Answers from Attorneys

Yes, you have a right to compensation if you can prove you were denied breaks. File a claim with the state Dept. of Industrial Relations, Bureau of Labor Standards Enforcement. They're readily accessable on the web, and I think these days you can even file your claim online.

Read more
Answered on 11/22/10, 10:12 am
Terry A. Nelson Nelson & Lawless

If you were not allowed any breaks, as require approximately in the middle of your shift, morning and afternoon, you may be entitled to pay and penalties. If you can prove that, you may file a claim with the Labor Commissioner. If you objected to that illegal denial, and were fired or disciplined for it, you may have grounds for a civil lawsuit. If so, feel free to contact me for legal help.

Read more
Answered on 11/22/10, 12:32 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California