Legal Question in Employment Law in California
I am a security officer worked for a Private University. This private university is situated in a shopping mall. And I worked in this place for four years and ten months. My shift is from 3.00 p.m. - 11.30 p.m. But this week Monday after my shift one of my supervisors called and told me I was fired from the University and told me not to go for work from tomorrow (Tuesday) and he told me I was hired to work in a another place for a lower salary telling the university is complaining about me. I refused because it is a lower salary and I liked the University I worked and did not do anything wrong. Following day I went to the University and I told the facilities supervisor about my situation and he was shocked. He told me they do not have any complaints against me. Same time he called the security company and asked about me. The University officers are even willing to give me a good recommendation letter. In addition I talked to the Mall Security director. He worked for the same security company as me. He was also shocked and told me the company should at least give a written warning before sending me to another place and he also called the company to ask about me. Since the University told me they don�t have any complaints against me I called my operations manager to ask why I was not allowed to work in the same place. He did not give me a reason and he told me not to go to the University I worked. Also he told me not to talk to anyone regarding my situation. And if any one called I will be fired from the company. In addition he told me he will call back and let me know about my situation after he talks to the security director about me. Thursday I called the security company and they told me the operations manager will call back in hour. I didn�t receive a call so I called them. Each time I called the company, the secretary talked to me in rough voice and telling me that someone from the company will call back. But until today they do not contact me. And the operations manager also told me not to come to the security office to meet him.
What should I do since the company is not communicating with me?
In addition all the years I worked I got paid for 8 hours only. I didn�t get any meal break or 10 min break. But the company asked me to sign the paper telling I got the meal and 10 min break. Moreover for all the years I worked I didn�t get any pay increase. And two months ago I had to stay 30 min extra but they did not pay for that 30 min. What can I do about this?
On black Friday the company asked me to work on another place since the university is closed. And I worked 8.5 hours without 10 min or meal break. And company paid only for 8 hours. I get paid $9.50/hour at university. Even though they told me they will pay the same amount they paid $8.75/hour on that day. What should I do?
What are my rights?
1 Answer from Attorneys
Sounds like you worked FOR a security company AT a university. What should you do? Either accept the transfer or get fired. Follow company instructions about non-contact with the University [their customer] or get fired. If fired, look for another job and apply for unemployment.
The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the CA wage and hour laws and formal written company policy as agreed, and to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. There are no laws against 'unfair treatment' or poor management. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. You appently haven't.
IF you have a valid claim of unpaid OT for work over 8/40, and denial of lunch/breaks, you can file a claim for unpaid compensation with the Labor Commissioner for the compensation, penalties and interest, and attorney fees if successful. You are entitled to hire an attorney to represent you in those proceedings. If serious about doing so, feel free to contact me.
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