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Fired in California

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sailormom

Junior Member
California

I live in California and worked for a major hotel chain as a front desk clerk/driver. I asked for 4 days off (2 days off plus my regular 2 days off), 30 days in advance to go to my sons graduation from boot camp for the Navy being held in Chicago. A few days later I found out we couldn't afford to fly to Chicago, so we were going to drive. I put in a revised request for 6 days off. I didn't receive an answer from my manager and about 10 days later he said something like he didn't believe that I was going. So I gave him a copy of my itinerary to show the dates I was going and to get the paperwork for the hotel stays. I still didn't get an answer from him. About a week before I was going, he called me from his office and said he had approved the previous request off, but couldn't approve the revised dates. He said because the last day, a Monday, we would be too busy and nobody could have that day off. I said fine, I'll be back by Monday. As far as I knew, I had the other days off. He didn't tell me no after I told him I would be back by Monday.

On Fridays he posts the schedule for the following week. The Friday before I was to leave, he didn't post the schedule and left out the back door without telling anyone. My co-worker called him and was told it was on his desk in his office and to go get it. When I saw it, I was on the schedule the whole time I asked for off. I called him on his cell, and he didn't answer me. We use two way radios, so I called him on it and he didn't answer me on that one either. He always answers the radio. I had Saturday off, so when I got to work on Sunday I called him at his house (2 days before I was to leave). He finally answered. He said he never approved my time off and we were going to be too busy on the following Monday, so I couldn't go. I told him again that I would be back by Monday. He denied what he had said on the phone earlier that week. He then said another employee (who he is sleeping with) didn't like that I was taking the time off, so I couldn't go. I asked him what business is it of anyone else what I do, and he just said not to worry about it. I then told him I was going to go, and that he knew it was very important to me. He said do what you have to. I went, and when I got back I wasn't on the schedule anymore. I picked up my regular check on the Monday I got back. They said the manager wasn't there, so I asked them where my final paycheck was and they said they didn't have it. I didn't get it till Wednesday.

I've been there 2 1/2 years and have not been given lunch breaks or rest breaks. I was forced to sign a waiver for the lunch breaks within 6 months of starting the job. I work 8 hour days, full time. Also, I was suppose to have 5 days vacation the first year, 10 days vacation the second, and they changed it to 5 days vacation for the 3rd year (they took away 5 days). I've only had 10 days paid vacation, and on my final paycheck they only paid me 3 hours of vacation. I figure they owe me at least 7 days of vacation.

The employee my manager is sleeping with calls in at least once a month and takes time off all the time. Her daughter also works there and also calls in about twice a month and asks for 3 day weekends and other time off all the time. I've only called in 3 times in 2 1/2 years. Also, I was hired as a front desk clerk full time, then 8 months after I started, they hired the daughter as part time which turned into full time shortly there after. About 6 months after that, my manager told me I would have to drive the van a few days a week so I wouldn’t have my hours cut. Both the mom and the daughter don’t have to drive the van, and I have more seniority than the daughter. He wasn’t going to cut the daughters hours.

When I was hired I was promised a raise after the 6 month probation, but I have never received a raise. The daughter was hired after me and has had at least one raise since she started.

I applied for unemployment, but I don't think I'm going to be approved. I had a phone interview with edd this last Thursday, and I haven’t been issued a check yet. I should have received my first check today. Is there anything I can do? I can't afford a lawyer (My husband earns too much to be considered low income), does the labor board assign a free lawyer? Would I have a case?
 


cbg

I'm a Northern Girl
You can file a complaint with the DLSE for the untaken breaks, the unpaid vacation and the late check. You do not need a lawyer for that (no, they will not assign you a free one). The rest is not illegal.
 

pattytx

Senior Member
If you just had your telephone interview last week, it's WAY too early to expect a decision. Remember, Californa is broke, state employees are already on furlough several days a month, and the UI system is way past its breaking point.


Continue to file your weekly/biweekly claims and if you are approved for benefits, they will be paid retroactively.
 

sailormom

Junior Member
What proof would I need to file a claim with the dlse? I've asked for copies of my paperwork that would be relevant to this, but the manager said the paperwork is hotel property and he didn't have to give me them. I know I'm entitled to have copies, or be allowed to copy papers I have signed that are in my file. He also claims that we never had to sign the waivers and he doesn't have a copy of it. Thanks for the help.
 

cbg

I'm a Northern Girl
You don't have to prove what you are owed; the employer has to prove that you are not owed what you claim. But make your best guess; be honest. It will come back to bite you in the behind if you deliberately overstate.
 

Hot Topic

Senior Member
If you had your telephone interview last Thursday, allow at least ten working days to receive your check.

Stop speculating about the boss and the alleged girlfriend (were you under the bed taking pictures?). Your only concern is getting the monies you're owed. If you weren't getting what you were entitled to, you should have taken action.
 
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