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Is it legal way for a employer to let candidat work for a free trial? California

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  • Is it legal way for a employer to let candidat work for a free trial? California

    I just finished a interview, finally they required me to start a ONE week (40 hrs) trial period, there is no pay, no benefit, nothing-at-all. After this trial, they will decide if can hire me. Is it legal?

    This happened in LA, California.

    Thanks a lot.

  • #2
    If you do any work, training, etc. you need to be paid for your time.

    What will you be doing during the week? What kind of business is this? (not actual
    name of employer)

    Thanks.
    Last edited by Betty3; 03-05-2011, 08:20 PM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      Parts of it are legal, parts of it are not.
      - It is just this side of impossible to have someone work without paying them at least minimum wage and the definition of work is very broad. Outside sales maybe could get interesting.
      - The termination if you do not work out is perfectly legal.
      - The no benefits question is complicated and is a function of reading the employer's benefit plan documents, and maybe company policies and such. No one-size-fits-all answer. On the other hand, it is very easy to write a legal benefit policy that excludes first week employees, so question sort of is the employer a complete and total idiot. Maybe so, if they are coming up with things like "working the first week without pay".

      If you want to be very sure, it would not hurt to spell out the job duties and industry. Plus anything seriously unusual, like say you will be working in Antarctica for space aliens. Most answers look at what is "normal" and not at extreme situations. Working for free is not "normal", meaning either the employer knows something that you did not mention, or the employer is a fool/knave.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        the job is "IMPORT/EXPORT SPECIALIST"


        duties including coordination of import, export, shipping & receiving documentation, document tracking and processing.......... pay and Benefit are OK.

        They just said, the tasks in trail period are not productive, just see if I am qualified. It's my first time to hear about this. Just want to know can I sue them if they want me go after trial?

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        • #5
          If you are asking if you can sue them for pay for the time you work, yes (though it might be more effective to simply file a wage claim with the state DLSE.)

          If you are asking if you can sue them for letting you go (if they do), no, not based on what you have posted.
          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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          • #6
            Originally posted by happyfamily View Post
            the job is "IMPORT/EXPORT SPECIALIST"


            duties including coordination of import, export, shipping & receiving documentation, document tracking and processing.......... pay and Benefit are OK.

            They just said, the tasks in trail period are not productive, just see if I am qualified. It's my first time to hear about this. Just want to know can I sue them if they want me go after trial?
            It certainly seems to me you need to be paid for this work/time no matter how productive it is.

            They can let you go after the trial period if you don't work out - that would not be illegal & nothing to sue for.

            If they don't pay you, you can file a wage claim with the Ca. DLSE.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              cbg, you & I were typing our replies at the same time - you got yours off first.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                Agreed with the other answers. It would be legal to let you go but not legal to not have the training period paid at least minimum wage.
                Last edited by DAW; 03-06-2011, 08:24 AM.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  The employer should know better than that - thinking they don't have to pay for trial period work/training-- or maybe they do know they need to pay & are just trying to
                  come up with an excuse not to pay.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

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