Legal Question in Employment Law in California
Wrongful discharge
I work as a Security guard. I do security every other weekend , I'm schedule to work from 8am till 4pm. At 4pm another guard is suppose to relieve me. Well Since about late July there has been many problems with inconsistent guards not showing up to relieve me. Although Im schedule to leave at 4pm many times I'm force to stay till 6pm because no guard has showed up to relieve me. I call my supervisor to inform of the problem he saids he is going to fix it but the problem is never fixed. Well this past weekend on Saturday I was force to stay till 7pm. I call My supervisor to inform him that no one has come to relieve me and he didnt showed up till 3 hours later to relieve me. On SUnday at 3pm I called my supervisor to ask him if I'm going to have someone relieve me at 4pm. He said he is going to take care of it. 4pm arrive and no one came to relieve me. I call the my supervisor but he never returned my call. I had to be somewhere at 6pm so I wrote a note to my building administrator and left at 5:30pm. My supervisor called back at 7pm telling me I have been fired for leaving my post. He was yelling at me and cursing and then he just hanged up. I recorded this on my cell. what should I do? please help.
2 Answers from Attorneys
Re: Wrongful discharge
The first thing to do is make sure you're paid immediately for the overtime. The employer has a small window in which to make full payment of salary, otherwise penalties start to accrue.
Unfortunately, you're out of a job. Sounds like you were being diligent, but it doesn't seem there's much a lawyer can do other than to advise you to file for unemployment and look for work immediately. Good luck to you.
Re: Wrongful discharge
File a claim for OT and unemployment, and find another job.
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