Wrongful Termination

[Willlyjo]

What is the name of your state (only U.S. law)? California
I was employed at a Dental Clinic where I greeted patients and helped them get to their prospective treatments. My supervisor, who befriended me also, liked my personality and invited me to work for her own business. She promised me the same benefits I had at the Dental Clinic: 2 weeks paid vacation, 64 hours sick pay yearly and 12 dollars per hour. I decided to work for her since she seemed like a good friend. She took me to Vegas once and paid for the room and meals, she also invited me and my husband to her house for her daughter's birthday. After working for her about 9 months, I asked her for a raise and she said no. I asked her for my 2 week vacation check and 64 hour sick pay check because I was never sick, but she claimed she never offered me such benefits. As it was, I was stressed out because I never got lunch or break periods, which I agreed to and my hand was hurting because of repetitive work on the computer. I never got my work related injuries treated for weeks because I didn't want to disrupt my friends business by not showing up to work, despite my husband's objections. But when I realized she wasn't the friend I thought she was and that she lured me away from a good job with promises to give me the same immediate benefits, I went ahead and requested Workers Comp paper work so I could get treated for my stress and hand injury. My boss told me she would get the paper work for me but she never did. I went to a meeting with her and her husband with my husband to explain the situation that needed their immediate attention but they fired me after I told them I wouldnt be back to work until I felt better. Also, I voiced my objection to my boss's demands that I add 10 to 20 dollars onto UPS charges, which contributed to my termination. I found out that they never had workers comp. insurance when I filed my case. My question is: Did my boss commit Fraud (Intentional Misrepresentation) by luring me away from a good job with promises of the same benefits which it seems she knew she wouldn't provide?

 

[eerelations]

I'd be very very surprised if your former boss actually offered you sick and vacation pay even if you didn't take any sick or vacation time. The vast majority of employers (I'm talking 99.99999% of them) who offer paid sick and vacation benefits to their employees offer them on a "use it or lose it" basis - this means that employees don't actually get sick or vacation pay unless they actually take sick leave or vacation time.

Even if your former boss did offer you pay for unused sick and vacation time, you won't be able to prove it in court unless you have it in writing from your former boss. From the court's point of view, verbal contracts are worth exactly the value of the paper they're printed on - i.e., nothing.

 

[Zigner]

I'd be very very surprised if your former boss actually offered you sick and vacation pay even if you didn't take any sick or vacation time. The vast majority of employers (I'm talking 99.99999% of them) who offer paid sick and vacation benefits to their employees offer them on a "use it or lose it" basis - this means that employees don't actually get sick or vacation pay unless they actually take sick leave or vacation time.

Even if your former boss did offer you pay for unused sick and vacation time, you won't be able to prove it in court unless you have it in writing from your former boss. From the court's point of view, verbal contracts are worth exactly the value of the paper they're printed on - i.e., nothing.

That is illegal in California. Vacation is accrued just as other wages...

 

[Hot Topic]

You made a huge mistake in going to work for a friend. The workplace should be a place where she does her job and you do yours. You got yourself into a situation where I suspect you thought, "She won't do such-and-such to me because we're friends." It should be obvious that she was never your friend.

Not getting breaks of at least 10 minutes when you work at least six hours is illegal in California. You also can't be forced to work through your lunch even if the employer buys you a Coke and a cheese sandwich. An investment firm found that out a few years ago.

You need to research the California labor laws and touch base with an attorney experienced in the field. Even if certain laws don't apply, others like the ones I posted do.

Keep repeating to yourself: She was never my friend, she was never my friend. She became my boss, and I'm never going to forget what she did to me.

 

[Willlyjo]

Errelations

I disagree with you--you are wrong when you say 9999% of employers dont pay sick pay or vacation pay unless you use it!! My husband got his vacation pay without using it in his last 3 jobs he's held over the last 30 years!! Please stick to what you may know for fact instead of using opinions as if they were fact. Also, it isn't out of the ordinary to win a verbal contract based on preponderance of evidence. In my case, I was working at the Dental Clinic in which it is well documented that they in fact, paid me sick and vacation pay without me taking time off. And the fact, my 'friend'/former boss produced a fabricated and forged document with my name on it dated 4 days before I left the clinic and went to work for her, signifying I would agree to work for her without benefits for at least a year shows how ignorant she is because who would believe I would leave a job with very good benefits to go work for her with no benefits. the key is her document was dated 4 days before I went to work for her based on her promises that I would have the same benefits I had at the clinic. If she would have produced said document after I quit the clinic to go to her, then I would be in trouble.

 

[Willlyjo]

You made a huge mistake in going to work for a friend. The workplace should be a place where she does her job and you do yours. You got yourself into a situation where I suspect you thought, "She won't do such-and-such to me because we're friends." It should be obvious that she was never your friend.

Not getting breaks of at least 10 minutes when you work at least six hours is illegal in California. You also can't be forced to work through your lunch even if the employer buys you a Coke and a cheese sandwich. An investment firm found that out a few years ago.

You need to research the California labor laws and touch base with an attorney experienced in the field. Even if certain laws don't apply, others like the ones I posted do.

Keep repeating to yourself: She was never my friend, she was never my friend. She became my boss, and I'm never going to forget what she did to me.

Very well said...I already have an attorney who took this case, however, I'm trying to find out if members of my peers believe like I, that Fraud-Intentional Misrepresentation was committed in that promises were made with the intention of not fulfilling those promises.

 

[ecmst12]

In California, vacation time CAN'T be "use it or lose it" because it is considered wages. If the vacation time expires at the end of the year, it must be paid out. However sick time is not the same, it can be lost.

 

[Betty]

From the Ca DLSE:

Q. My employer's vacation policy provides that if I do not use all of my annual vacation entitlement by the end of the year, that I lose the unused balance. Is this legal?

A. No, such a provision is not legal. In California, vacation pay is another form of wages which vests as it is earned (in this context, "vests" means you are invested or endowed with rights in the wages). Accordingly, a policy that provides for the forfeiture of vacation pay that is not used by a specified date ("use it or lose it") is an illegal policy under California law and will not be recognized by the Labor Commissioner.

Q. My employer's vacation policy provides that if I don't use all of my vacation by the end of the year, he will pay me for the vacation that I earned and accrued that year, but did not take. Is this legal?

A. Yes, your employer has the right to manage its vacation pay responsibilities, and one of the ways it can do this is by paying you off each year for vacation that you earned and accrued that year, but did not take.

Q. What happens to my earned and accrued but unused vacation if I am discharged or quit my job?

A. Under California law, unless otherwise stipulated by a collective bargaining agreement, whenever the employment relationship ends, for any reason whatsoever, and the employee has not used all of his or her earned and accrued vacation, the employer must pay the employee at his or her final rate of pay for all of his or her earned and accrued and unused vacation days. Labor Code Section 227.3. Because paid vacation benefits are considered wages, such pay must be included in the employee's final paycheck.

 

[eerelations]

That is illegal in California. Vacation is accrued just as other wages...

While CA employers are required to pay out accrued vacation upon termination and possibly at other specified intervals, I don't know if they're required to pay it out whenever they're employees want some extra cash.

 

[ecmst12]

It only has to pay out if the employer wants the bank empty at the end of the year. If the balance in the PTO bank will roll over into the next year, it does not need to be paid out until the vacation is taken or employment terminates.

 

[eerelations]

That's what I thought. The OP is insisting that her employer is legally required to pay her out her accrued vacation pay any time she wants it. At the time she demanded her vacation pay, she was still employed by her employer, with no expectation of leaving said employment any time soon.

The OP is also insisting that her employer is legally required to pay her out her accrued sick pay any time she wants it, even though she's not sick and not taking any time off work due to illness. This is also incorrect.