Student friend interviewed w/ large San Francisco dept store for
minial work in kids dept.

Was interviewed, offered job & completed some paperwork ( including
application clearly stating unavailable Tues&Thur). Unexpecting to get
a same day/immediate offer, friend didn't have SS card ( I-9) on day
1.

Mgr scheduled friend to train in day 2. Friend reported, but mgr
absent. 2d mgr set up training & worked for full day. Works another
day ( hiring mgr absent again).

Hiring mgr returns stating "we have a problem". Seemingly recinding
offer with statements of "we really didn't hire you since you didn't
have SS card", & "though you say you worked, i don't know that since
there's no punch records." Friend had not been issued a punch card &
was advised by others to document hours + several witnesses to the
fact. Finally, hiring mgr said "if you're unavail for tues/thu ...then
you need to reconsider about working here"

Seems mgr screwed up ( on making an offer) & is back tracking to undo
& confuse my friend to thinking everything was tentative, or
alternatively non-compliance w/ I-9, and denial that she actually
worked hours & is intimidating my friend to think she has no right to
pay or to the job.

any thoughts?

thanks

LBVentura <X130296@mindspring.com> wrote in message
news:<ta32mvkmlbk8rp6qdkkt5h9i3e7105pe43@4ax.com>...
Hiring mgr returns stating "we have a problem". Seemingly recinding offer with statements of "we really didn't hire you since you didn't have SS card", & "though you say you worked, i don't know that since there's no punch records." Friend had not been issued a punch card & was advised by others to document hours + several witnesses to the fact. Finally, hiring mgr said "if you're unavail for tues/thu ...then you need to reconsider about working here" Seems mgr screwed up ( on making an offer) & is back tracking to undo & confuse my friend to thinking everything was tentative, or alternatively non-compliance w/ I-9, and denial that she actually worked hours & is intimidating my friend to think she has no right to pay or to the job.

Friend should contact the state dept. of labor (whatever it's called
in CA) and explain the situation. Chances are they will advocate for
her to get paid for the work actually done -- she's entitled to that
even if the paperwork wasn't filled out yet. Another alternative
would be to sue the store in small claims court. But she should let
the state help her first. Don't know CA law on this, but she may be
entitled to claim a penalty amount in addition to her wrongfully
withheld base wages (in some states, 2 or 3 times the amount
withheld).

But I'm afraid she probably doesn't have a right to continue the job.
If this is an "employment at will" situation, which it probably is,
either party has the right to terminate the employment relationship at
any time. But she is entitled to be paid for the days she was there.
Good luck,

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Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
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