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Wrongful Termination Situation

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SmartCookie

Junior Member
What is the name of your state? CA
I worked for a doctor for approximately 3 years. I did billing, reception and helped with procedures. His wife is the office manager. In a staff meeting recently she decided to have monthly staff meetings at a restaurant and she would buy us lunch, but she said we were required to clock out. I didn’t want to do this because it was work time. I decided to email her and politely ask her to let me know if it was social lunch or an “on the clock” staff lunch meeting. She never replied. In the meantime, I called the labor commissioner and sought advice on what to do just in case. The morning of the staff lunch she called (sounded annoyed) and told me she did receive my email I was right and she would come in earlier with lunch.
In the meeting we discussed their upcoming vacation, and as per usual (without exception) we would work while they were gone but we needed to find some projects to keep us busy. I told her of a few things I wanted to do while they were gone. She told us we could take Friday off as long as one stayed to answer the phones and we could work that out between us three coworkers.
The next day I worked she came into the office and told me (in an open office area) that I was to get all my work done and take the week off without pay while they were on vacation so I didn’t sit around with nothing to do. I was the only one who was being told not to come in. The projects I was to do would be done by my coworker. I again called the labor commissioner and they said such an act would meet the 3 basic qualifications of retaliation. I emailed my manager and told her that I felt it was retaliation and so did the labor commissioner and I could file a claim but that I enjoyed working there for 3 years with a great record and didn’t want to file it, just wanted to do my job and be treated equally. The next day I worked they handed me a paycheck and said they no longer needed my services (basically let go from the job). Up to this point I’d had no job performance issues or discipline and the business was trying to hire additional staff.
Does anyone have any advice beyond the obvious labor code complaint I am going to file?
 


moburkes

Senior Member
Maybe you left something out. How was sending an email, then her bringing lunch to work, then her giving you time off, retalation? Retaliation for what? Your story doesn't show that she KNEW you called the department of labor.
 

SmartCookie

Junior Member
more info

Sorry I was trying to cut to the meat of the story and not have it too long.
It was clear to her i had sought advice about the labor law regarding clocking out for lunch meeting and she therefore told me I was right and changed the meeting.
I told her in writing again that I contacted the labor commissioner regarding the time off without pay as retaliation and her next action (to let me go) was clearly in response to that.
 

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