Legal Question in Employment Law in California

I work as a dishwasher in the service deli of a grocery store. I am a union employee. My boss has told me that I have to finish all of the dishes no matter how many there are, by myself, and by the end of my shift. If I don't finish everything she writes me up for failing to complete my work i.e. poor job performance. The amount of work varies from night to night from medium to very heavy depending on the day of the week, whether its a holiday, how many dishes are there are when I start, etc, etc. The dayshift dishwasher is not subjected to the same standard as me they don't have to finish everything by the end of their shift. Ninety nine percent of the time I finish everything, but there are some nights when there is too much work and I can't do it all by myself before the end of my shift, and I am not allowed to stay even 5 minutes over. I have asked my boss many times for some kind of benchmark such as how many dishes go through the department each night and how many should an average person wash in an hour. She tells me that there are no numbers. I could be performing way more than the average person, but if the load is too high then I still would not be able to finish. It seems very unfair to me that nothing is being measured yet they are going to say that my job performance is poor? I have been warned in writing that if I fail to finish everything by the end of the night one more time I will be terminated. I have told the union about this but they say they can't do anything for me. Can I sue my employer for wrongful termination if this happens?


Asked on 4/17/12, 2:51 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

No, it wouldn't be a recognized wrongful termination claim. However, the employer might be violating your collective bargaining agreement or rules implemented in connection with it. See if you can gather those documents and bring them to a lawyer in your locale to review. If you are of a different national origin or race, you might think about whether those are factors, as well.

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Answered on 4/17/12, 6:03 pm


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