Legal Question in Employment Law in California

Can I be terminated?

I work 90 minutes from my employer and have an arrangement to work from my home. I have always had a very loose arrangement as to my working hours, as long as the job was done. I consistently work twenty to as many as fifty hours of unpaid overtime per week in order to meet the deadlines required of me. It has never been a secret that I do a couple of other jobs on in addition to his work. He has deceided that our situation is not working and has requested that I deligate a good portion of my duties to three other employees. In the past we have shared the workload. He has ased me to work M-F 9-5, give up outside clients and to make a detailed manual of item by item how I do my job and a calander for the next 12 months of all deadlines in our department. After making this request he has continued to ask me to work other hours to meet deadlines. When I reminded him of his request to work specific days and times, his response was ''There will be exceptions.'' My question is, do I have to provide this schedule and manual for him as there is a very good chance that I will be terminated upon it's completion? I am in the process of refinancing my house and do not want to leave my job at this time. What can I do within the law?


Asked on 3/15/03, 4:24 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Can I be terminated?

Get the refinance completed, then submit a memo staking out your position to the employer, and requesting payment of the unpaid overtime if you are claiming any entitlement. By dictating your hours and duties, they acknowledge you are an hourly employee. If you aren't paid, or if you are retaliated against, fired, etc., then call to discuss legal action.

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Answered on 3/18/03, 5:47 pm


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