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Sent home after being on time for work

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Rena1973

New member
What is the name of your state? California
I was sent home yesterday from work, because my employer thinks I showed up late when in fact I was there early. I was scheduled to be there at 6:30a.m Tuesday-Friday., I was in front of the office at 10 after 6 waiting to meet up with another worker, because this was my first time going to this job site that was a 25 minute drive. I waited out front until about 10 minutes til 7a.m. and then tried calling my supervisor 5 times and none of the calls would go through because I had no service, I had to drive about a half mile away to send a text and that's when I received a text from her telling me to just go home that she found someone else to cover me. A couple of hours later she text me and said that I won't be working the rest of the week and to send her my time card today. Here is the second part to my situation, I have another job that I've been working for seasonal and on-call since 2007, I had just called this job on Monday and told them that I wasn't available for work this week because I was scheduled to work this week for my second seasonal.
I know that she is going to terminate me because, last week she came to one of the job site and wrote me up for being 5 minutes late one day and 10 minutes on another. If I knew she was going to do this I could have went to work at my other job and made twice the amount. So my question is....... Can she send me home with no pay for that day or any of the days that I was scheduled for and now have no work from either job?
 


cbg

I'm a Northern Girl
CA does have a reporting time pay law but it does not apply across the board.

It is likely - it is not definite, but it is likely (it depends on what CA Work Order you fall under) that the job that sent you home owes you for 1/2 of your scheduled shift since she sent you home after your shift had already started. Since you were told not to report to work for the rest of the week ahead of those shifts, you are not owed any time for any shift other than the one you reported for.

I do not see that the second employer owes you anything at all at the present time. Depending on when and if she does term you, that could change.
 

PayrollHRGuy

Senior Member
I question if @Rena1973 ever actually reported to work. Was the other employee just giving you a ride to the site or was this transportation provided by the employer?
 

Zigner

Senior Member, Non-Attorney
I question if @Rena1973 ever actually reported to work. Was the other employee just giving you a ride to the site or was this transportation provided by the employer?
I tend to agree with you. It sounds like the OP never actually showed up at the job site.
 
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cbg

I'm a Northern Girl
I was in front of the office at 10 after 6

I interpreted this to mean that she went to the office she was assigned to and that it was not open yet, since she was early. If I am wrong, and this was a pick up point and she never actually made it to the office she was assigned to, then the employer could probably make a fair argument that no reporting pay was owed.

However, this is California, and the employee was not notified in time to avoid leaving for work, and under CA's rather stringent pay rules, I suspect the employer would find it cheaper to pay for one half of a shift than to fight it.
 

Zigner

Senior Member, Non-Attorney
I was in front of the office at 10 after 6

I interpreted this to mean that she went to the office she was assigned to and that it was not open yet, since she was early. If I am wrong, and this was a pick up point and she never actually made it to the office she was assigned to, then the employer could probably make a fair argument that no reporting pay was owed.
I was in front of the office at 10 after 6 waiting to meet up with another worker, because this was my first time going to this job site that was a 25 minute drive.
I can see how this can be interpreted more that one way, but it really sounds to me more like the OP went to the "main office" to meet up with someone for carpooling purposes.


However, this is California, and the employee was not notified in time to avoid leaving for work, and under CA's rather stringent pay rules, I suspect the employer would find it cheaper to pay for one half of a shift than to fight it.
The OP failed to report for work at the time and place assigned. The OP was at least 20 minutes late before s/he even attempted to contact the employer. While it's true that the employer needs to make a cost vs benefit analysis, the employer is on solid ground here.
 

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