Legal Question in Employment Law in California
Security Gaurd Employment
I'm a Security Gaurd, I work for an outfit in Brea, CA which employs about 400 gaurds who all work at various locations. Until yesterday I was gaurding at an office building on the night shift. I work 40 hours a week. an incident happened at the office building the other night , the other gaurd who was also on shift managed to lay the blame on me. The outcome of all this was he got fired, and I got re-located to another site. Heres the problem: the site whioch i've been re-located to is an empty industrial building, I have to be there from 1:00 AM to 8AM AM. I have to work completely alone, there are no bathrooms, i'm un-armed, i'm a woman age 47. I am the only person there. I don't even have a cell phone to use in case of emergency. Its been agreed by the other gaurds that I'm being ''punished''. Is any of this legal ? I can't even use a bathroom? no meal or rest breaks, I'm on my feet ''patroling'' this huge place which is deserted. Its scarey. I'd like to have told this boss to go to hell, but I need my job. As it is my hours have been cut. Any suggestions?
2 Answers from Attorneys
Re: Security Gaurd Employment
Your employer is required to provide toilet facilities for you. Your employer is required to provide meal and rest breaks, except in very narrow circumstances which likely do not apply here (have they forced you to sign a waiver of your meal and rest breaks?)
Your employer may change your job assignment and location at any time absent an oral or written contract that they not do so.
Re: Security Gaurd Employment
If OSHA or Labor Code rules area being violated, such as you describe, then you have a valid claim. You could file a complaint with the employer, with CAL OSHA, or in a lawsuit. If serious about pursuing this, feel free to contact me.
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