Legal Question in Employment Law in California

What happens if you work for a Daycare in home.The employer told you to leave due to attitude promblem. But your speaking out.Tired of her treating me like crap.Had to do all the work.clean,make lunch.get them to nap,phone calls to parents to come in and sign CCRC papers.pick up 6 kids at to different schools,get back get snack out for them help with homework.eveluations everymonth.There was 2 of us the other lady come in from 1-6pm didn't get dock for lunch she never had to take she never did any phone calls,paper work or pick ups or dirty cleaning I had to do carpets outside,window inside & out.getting timesheets signed.I didn't no I had to take luch till after 2 1/2 months later was wondering why check didn't match hours,I never had a set sechuld she told me when she hired me some cleaning hours 9:30am to 2:30 never happen always got called in if I call in sick they would text me or boss would give attitude not speaking to me always had to request time off co-worker call in sick never got bug she gave her days off.I had just found out co-worker didn't have to take break before she quit.Aug 23.2012 As for myself boss told me to leave hand house key before I left. What if I didn't want to be apart of forgery & falsifie document that get turned in every month to CCRC for the provider can get paid.


Asked on 9/14/12, 5:08 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Not only are there no laws against poor management, 'unfair treatment', or rude, obnoxious or harassing behavior by management or other employees, but 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 terminated any time for any reason, with or without �cause�, explanation or notice. That is, UNLESS the conduct is based upon discrimination, harassment or retaliation as defined as actually �illegal� under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. You seem to describe only 'unfair' treatment.

Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced. Now if you can show the conduct was illegal under the above definitions, feel free to contact me for the legal help you�ll need.

If you have valid claims for unpaid compensation, OT, or denied lunch and breaks, etc. then you can file a lawsuit or a claim with the Labor Commissioner. Contact me to help in that..

Read more
Answered on 9/14/12, 12:03 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in California