Legal Question in Employment Law in California

I was working for an Arco gas station for 5 years doing multiple work tasks. I was told by my employer that I was going to be an on call employee but when I checked the schedule per my employers condition I was not on the schedule anywhere. I have asked my employer to give me more hours of work instead another new hire was given the extra hours. The employer then would tell me about looking for another job, would threaten to fire me if I told the health department of the mice I would trap and dispose of in the food department, and would tell me that other coworkers did not like me which is not true. What can I do?


Asked on 3/27/11, 5:49 pm

1 Answer from Attorneys

Find a new job with a better employer, and report him to the health department. You have no legal right to hours. You have no legal right to fair treatment on the job. You have no legal right to require your employer to be honest with you, unless it is about the terms of your employment, such as pay and benefits, and similar issues. You can't sue an employer for saying the other employees don't like you, whether it is true or not. Now if he is discriminating against you on the basis of race, religion or other protected status, it's another story, but you make no mention of that. He also cannot fire you for reporting him to the health department if it is a true and correct report. That is protected activity and if he fires you for it, you could sue him. Ultimately, however, employees who sue their employers find it hard to find work sooner or later. So if you can quietly find another better job, you will be a lot better off. But if not, rat him out (pun intended) to the health department and hope he's stupid enough to fire you for it.

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Answered on 3/27/11, 9:14 pm


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