Legal Question in Employment Law in California
I work for a Franchise location of a national chain restaurant in California. In the past year we have gone through many managerial and upper management changes. The new bosses have implemented some questionable practices. The current punishment for any minor offense is a week suspension (for minimum wage employees) without pay. If an employee gets a guest complaint..whether warranted or not, they are written up, and/or suspended. Once they return to work they have their schedule reduced drastically, usually down to 2 days. We are required to work 3 days a week per the policy handbook. There have been several instances in which the restaurant was understaffed for holidays/special events and several employees received guest complaints, not all were punished. The management are very selective on who they punish and how severely. I am considered a "favorite", and I have never been written up for anything. This is common practice if you are one of the "favorites" Is this legal?
2 Answers from Attorneys
I completely disagree with Mr. McCormick. I suggest that you speak with an attorney who is familiar with workplace issues.There are many unanswered questions that need to be addressed. If we look at the particular examples of stern behavior, it can be argued that each example is legal, but, taken together, there is a question of whether the employer has made a "hostile work environment." If so, the employer can be subject to liability to the affected employees and through the State's labor department. You also reference that you are a "favorite." Is that because of your race, religion, gender, age, sexual orientation, etc? If so, your employer can have some real problems, again. Another question is how your employer gets around the 3-day minimum work week. Is the employer claiming that are failing to meet your duties, if you only work 2 days, at the employer's direction. Again, the employer can have problems. So, it is my opinion that you may have a legal remedy, given the number of unfriendly tactics that your employer takes.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
