Announcement

Collapse
No announcement yet.

Can they my company do this? California

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can they my company do this? California

    I was recently written up twice. Once was because I wasn't "on time" for work. Start time is 8. We can clock in at 7:55 but are required to be there at 7:45. I was written up for showing up at 7:50. Another write up I received was for not having all my tools during my tool inventory. I buy what I can each paycheck, but I get $10 an hour while on a job site and $8 an hour while driving to the job site. I can't afford to buy all the tools at once. Any help will be appreciated.

  • #2
    Yes, your company can write you up for either or both issues, because there is no law that says they cannot.
    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.

    Comment


    • #3
      This is subject I know something about but not everything about.
      - Under CA law only, if an employee is required to provide tools, minimum wage just became $16/hr.
      - CLC 2802 requires employer reimburse required expenses. This is a very specific CA rule.
      - However these rules seems to conflict a bit with each other, and I have never had a reason to research this point. I can include a pointer to the CA-DLSE manual. Or you can contact CA-DSLE. But something seems a bit out of whack.
      http://www.dir.ca.gov/dlse/Manual-Instructions.htm
      - If start time is 08:00 but you are required to report to work by 07:45 an argument can be made that the "clock" starts at 07:45 (or 07:50) if that is when you actually arrived.

      Also, none of these rules talk about "writes ups". They talk about how the employee is paid.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Originally posted by Jason727 View Post
        I was recently written up twice. Once was because I wasn't "on time" for work. Start time is 8. We can clock in at 7:55 but are required to be there at 7:45. I was written up for showing up at 7:50. Another write up I received was for not having all my tools during my tool inventory. I buy what I can each paycheck, but I get $10 an hour while on a job site and $8 an hour while driving to the job site. I can't afford to buy all the tools at once. Any help will be appreciated.
        If you are required to be at work at 7:45 . Your employer is legally obligated to pay you starting at that time. There is no such thing as " free time". If your employer is paying from 7: 55 , requiring you to be there at 7: 45 and not paying you then you have a legitimate argument you were not late , and more than likley owed wages. Along with other employees So the question is what time does your employer start paying you?

        If an employer requires you to purchase your own tools they must be paying you at least twice the minimum wage . That would be 16.00 per hr. If you lack tools , you were never supposed to buy them in the first place . If you lost company provided tools ,well thats a different story altogether.

        If you are if fact accurate in your assertions . I would write rebuttals to the write ups and cite the specific laws that apply . Request to have them removed from the employee file. Keep copies for you records along with the write up .

        Look up section 9 of all IWC wage orders under uniforms and equipment .Looks like a slam dunk to me.
        Last edited by Interceptor; 03-10-2012, 05:42 PM.

        Comment


        • #5
          With respect, Interceptor, what the employee must be paid and how much, is irrelevant to the write ups. He can still be written up for being late and he can still be written up for not having the right tools, EVEN IF he is being paid incorrectly. Certainly if he has a legitimate wage claim, he can make the appropriate claims with the appropriate entity, but that does not change the fact that he can quite legally be written up for these things; nor will the law require the employer to withdraw the writeups.

          And, surprisingly enough, CA law does not give him the guaranteed right to place a rebuttal in his file. Some states do. CA does not.
          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.

          Comment


          • #6
            Das ist in der Doktor!

            I agree with the above but try and remember,
            the only thing "slam dunk"
            ...may be a place in the unemployment line.


            .._____________
            ~ It's one thing to rub someone's nose in it,
            but it's altogether something different to try and remind them,
            .. what it's suppose to smell like.

            Comment


            • #7
              Thanks for your replies. I'll be contacting the labor board tomorrow and see what I have to do to get things into motion.

              Comment


              • #8
                Originally posted by Jason727 View Post
                Thanks for your replies. I'll be contacting the labor board tomorrow and see what I have to do to get things into motion.
                Oh yea, you can always be illegally terminated for asserting your rights . But handled correctly, that's a " slam dunk " also.

                What Drruthless is saying is that employers sometimes retaliate even though they were clearly wrong to begin with. Please put some thought in to this before asserting your rights. You must ask yourself if the relationship and job is worth it .

                You question was : Can they do this? Well they did. But the write up's you have received are not valid . The disciplinary action taken against you ( the reasons )are meritless, and a violation of public policy

                Good luck with the Labor Comm.

                Interceptor
                Last edited by Interceptor; 03-11-2012, 03:40 PM.

                Comment

                Working...
                X