mb214
12-22-2005, 05:11 PM
about three weeks ago I was suspended from a comission+hourly job. I was told that I would be informed by the end of week one if i will be terminated (however the words termination were not mentioned, they were only implied vaguely).
I have been paid for any hours worked in the two week pay period but I was wondering if:
1) Because I have not been formally terminated only on a suspension will i be considered an employee and be eligible for my normal comission even though i have not worked?
2) do they have a right to terminate me without telling me or having it in writing?
Pattymd
12-23-2005, 01:53 AM
Regarding your commission, we have no idea. We don't know how the commission agreement reads in its entirety.
There is nothing in California law that requires you receive "notice" of termination at all, although that seems like a pretty dumb thing for an employer to do, and it does not have to be done in writing.
How long have you been on suspension?
mb214
12-23-2005, 08:51 AM
I have been on suspension for one month. I receieved a paycheck from the company for what i think is commisssion for the previous month because i did not work any hours in the last pay period.
i just want to know if i have any rights in this situation
and i want to know if it is legal to not be given a formal break time that allows me to be releived of all of my duties as I am taking a "break" when i work an 8 hour shift
and if it is legal to have only one person working all day without being able to take a formal break or lunch time.
mtracy
12-23-2005, 11:59 AM
I will only address the question you asked about breaks. You may have other claims for commissions, etc, but there simply is not enough information here to answer them.
Provided you are not exempt, you are entitled to a meal break and rest breaks. The meal break must be completely free of all duties. If you "eat at your desk" and are still expected to answer phones, help customers, etc, then it is not a meal break. In addition, you are entitled to a rest period of 10 minutes for every 4 hours worked. Thus, in an eight hour day, you are entitled to 2 10 minute rest breaks.
If the employer fails to provide either of these, there is a penalty of 1 hours pay. Thus, if you work 8 hours straight, without breaks, there is a penalty of 2 hours pay. You don't get an hour for each rest break missed, just one for the meal break, and one for any rest breaks.
mb214
12-29-2005, 10:16 PM
So upon giving this information to my employer what would be the best way to do it. are there codes that i should specify?
mtracy
12-29-2005, 11:23 PM
The employer is required to post this information in a place frequently visited by employees. The information is contained in paragraphs 11 and 12. Thus, I don't think you will be telling the employer anything new. The reason employers violate the laws is rarely ingorance. It is simply that they think they won't get caught. Do you think that people speed on the freeway because they don't know the speed limit? If they posted more signs, do you think less people would speed?