Employment Issues

This is a discussion on Employment Issues within the Hiring, Firing, Wrongful Termination forum, part of the LABOR & EMPLOYMENT LAW category; California I would appreciate some advice from experienced lawyers concerning issues about employment and wrongful termination and other things. I ...

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Old May 7th, 2009, 01:21 AM   #1
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Confused Employment Issues

California

I would appreciate some advice from experienced lawyers concerning issues about employment and wrongful termination and other things.

I have been an associate for Wing Stop for over a year and was recently wrongfully let go. The store manager terminated my employment on grounds of "No Call/No Show", however, I am not guilty of such. That I have missed work on about 4 Thursdays in a row when my manager and I have an arrangement where I work at my other occupation, Ross, on Thursdays every week. The manager said that she could not produce any old schedules indicating so but that the Thursday. The thing is, I have a few copies of the past schedules proving that I was not scheduled to work on those Thursdays. I do believe this was just an excuse to fire me because I refuse to sign a write-up that was prepared for me by the manager that was unfair. This took place just one week before they let me go; on a Friday then they didn't have me work until the next Friday when the manager approached me and told me that i was supposed to be there that Thursday and such. On top of that, I made a complaint about an act of sexaul harassment by another associate to the manager and store supervisor but both dismissed my complaint and never spoke with the associate about the matter from what I know. I think they neglected to be professional about the complaint and handle it since I am a man and my complaint is against a woman. Also, I recently learned that by law, an associate is entitled to a fifteen minute break or paid rest period every block of four consecutive hours worked. My Wing Stop job informed me that I would receive a ten minute break after every six hours worked but I never did. I also had never received a raise in hourly wages when due me every six months as the manager had even told me that I would be receiving one. Since Wing Stop let me go (4/24/09) after being there since 3/12/08, I have been to see a therapist for feeling depressed about my now more difficult circumstances supporting myself with only one job suddenly.

What I would like to know is do I have a fair chance to challenge my previous employer, Wing Stop, in court to receive missed wages and have this sexual harassment issue resolved?

I would very much appreciate a response..thanx
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Old May 7th, 2009, 08:41 PM   #2
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Default Re: Employment Issues

You could consult your nearest Department of Labor office to briefly discuss the issue with them first...you may also want to ask the company to put what is happening in writing and explain to them that you may have attorneys review the situation...try speaking to a higher level of management about the issue; they may override the other managers. If none of these efforts resolves the issue, let us know.
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