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  • 3 weeks off, asked to go to employee meeting/other issues California

    I am collecting EDD (unemployment) plus have signed up for college classes and don't want to ruin this. Do I have to go to their employee meeting and if so, can I request pay. This is construction and they have done things I believe to be wrong i.e., not paying for drive time of added locations for the day (over 1 1/2 years as employee) and latest paycheck did not pay for my overtime (52 hours one week, same hourly pay for all).

    What rights do I have to refuse work and/or meetings?

  • #2
    So, you're on temporary layoff? Is this meeting mandatory? Is a union involved?

    You refuse work, expect the company to advise the state accordingly. If you believe the company is not paying you in accordance with California law, your recourse is to file a claim with the DLSE for unpaid wages, not refuse to attend a meeting or other work.
    Last edited by Pattymd; 02-01-2011, 03:44 PM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Are you required to attend the meeting?
      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.

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      • #4
        Sorry, Patty. Your post wasn't there when I started my reply but 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.

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        • #5
          I was just left on my phone a message that there is a company meeting in the morning by someone in the office. No union, I was an hourly employee for the last year and a half, with the last several months on unemployment due to work up and down. I was asked to go from hourly to doing some sort of piece work pay and refused this. In this refusal I brought up the not paying for drive time...then the last paycheck had the lack of overtime included.

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          • #6
            Originally posted by Pattymd View Post
            So, you're on temporary layoff? Is this meeting mandatory? Is a union involved?

            You refuse work, expect the company to advise the state accordingly. If you believe the company is not paying you in accordance with California law, your recourse is to file a claim with the DLSE for unpaid wages, not refuse to attend a meeting or other work.
            She did say "we would like you to attend the meeting". My thing is I do not want to attack them legally and get them to let me alone without issues as I just can't make money with their way of doing business. Is there a legal way to tell them this in writing? and still protect my unemployment rights.

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            • #7
              I also want to add, I was a great employee to them, so not looking for an out. I just worked very hard everyday as the owner got over on everyone else and for the most part leaving me alone as a Leed Worker / Working Foreman. It got to the point of these issues and at times (two weeks in a row or so intervals) running me all over San Diego without drive-time pay on repair jobs for other workers causing me to spend at times over $200 in gas a week. Because of the business (construction) it is very difficult to find work elsewhere... So, I am signed up for school and will submit this to unemployment on start date (month 1/2 away). I would rather continue unemployment looking for work with other contractors, than risk the potential issues with this company.

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              • #8
                The recourse for incorrectly paid wages or overtime is to file a wage claim. It is NOT to disregard requests for meetings or to refuse work. By doing either you are practically ASKING the unemployment office to cancel your benefits.
                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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                • #9
                  So basically they can call me at 3:30pm and request a meeting at 8am the next morning and I have to be there even if other things lined up (at least that early)? My real issue is, I do have to drop my step-son off at school at 8:30am, but would be able to make it later around 9:30, but am sure no meeting then.
                  Another issue, the only other meeting they had me go to was on a Monday morning and that was the only work I got for that week. Is there something to this for them?

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                  • #10
                    Yes, they can.
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      Agree. If you're owed wages you still can't just ignore meetings/work. They are
                      two different things. You still need to work/go to meetings & then file a wage claim
                      for any wages due.

                      Also, they don't have to schedule meetings/work around your schedule.
                      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


                      • #12
                        Let me ask this then. I started as full time worker coming off unemployment for one week from another company that went bankrupt (1 1/2 years ago). I accepted work with them because they offered full-time. But then they started with this part time thing and cutting hours due to their financial issues. Do I have the right to look for full time only? I just feel these guys are really jerking me around here (as other employees who have this complaint) and it is causing me a lot of financial problems.

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                        • #13
                          However you rephrase the question, the answer is that if you turn down work, any work, the employer can report you to UI. At that point, the state will make whatever decision that the state feels like making. The employer cannot make the decision to take you off of UI, but the employer has every incentive to rat you out to the state. In fact, the state also has some incentive to take you off UI. If you are unclear on exactly what the state thinks the rules are in this area, you should ask them. This is a very bad area to experiment with, because state UI generally wants people to take jobs. Any jobs.

                          I understand that this is not the answer that you are looking for.
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

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                          • #14
                            No its the answer, I just want to figure out my rights before taking any stance. It sucks they have this much control. Normally I would say hell with them and get another job, but my trade is really hurting right now and the pay I deserve after 15 years of experience is impossible to get. This is why going to school for a cert. and/or degree in a new field, computers.

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                            • #15
                              I am in the construction industry. We know it is tough, but if you are asked to go to a meeting you go, it's no different than being asked to report to work.
                              If you do not show, I will consider it a no call/no show and subject to disciplinary action, including termination of employment.
                              You are chosing to attend college, while I commend you, the company still has a business to run, with or without you.

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