Anyone here know anything about Cali labor law? - Page 2

Joeaksa · 07-03-2009, 07:50 AM

Kurt,

Thanks and the problem is that the company is small and there is no "employment manual" or at least none that she has ever seen or been given. She kinda has the feeling that the rules are made up as they go, and this is a big part of the problem that nothing is down in writing.

Joe A

Rot 911 · 07-03-2009, 07:52 AM

If no employee manual, she is basically screwed then. She needs to start weighing how badly she wants/needs this job.

Joeaksa · 07-03-2009, 07:57 AM

Thanks and she has some time to figure out what is best for her.

cgarr · cgarr's Garage

Would it not be funny if the person who denied her the vacation was on that flight that day! I sure would not want to be

campbellcj · 07-03-2009, 08:58 AM

Did her employment offer letter document the paid vacation ? I agree with the other guys that if it wasn't written down somewhere - even if no formal employee manual/handbook exists - then she may be screwed. Do they provide a statement of accrued vacation hours/days periodically like on a pay stub?

Joeaksa · 07-03-2009, 09:00 AM

No letter when she was offered employment. This is a small company and not formal like you guys are thinking. Its all a "handshake" sort of arrangement and nothing was given to her in writing.

jyl · jyl's Garage

I think she should consult a plaintiff's side employment lawyer. Usually the initial consultation is free.

As a practical matter she has no damages yet as she hasn't been terminated. However, should she be terminated for an unlawful reason, she'd want to have enough documentation to support her lawsuit, if (again, if) one is practical. At a minimum, she will want to know her legal rights and practical rights, from a lawyer, not from an Internet chat forum.

Wrongful termination cases become more valuable in bad economies, because the terminated employee has less opportunity to find another job and mitigate damages.

cgarr · cgarr's Garage

I think in an 'at-will' State you can just say we don't need you any longer, but if they give reasons then they may have a problem.

widebody911 · widebody911's Garage

Quote:

Originally Posted by Joeaksa

Thom,

So if you wanted to take vacation at ANY other time period than what the company suggested it was not allowed? There is no way that I would take "next years time off" on this.

I would either have to a) take it from any existing accrual; b) take unpaid; c) borrow from next year (NFW!)