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Work Issue California

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  • Work Issue California

    Well, this is my very first post and first time actually looking into labor law. I hope that some of you can help me out greatly. Here goes:

    I work at a automotive parts store. I've been working at this place for almost two years now. At first it was pretty good. I did not care about the schedule so much then cuz I was free. I worked a lot of graveyard shifts to receive shipment and putting the parts away. It was once a week. I then started to have problems with being treated by the manager unfairly. To be straight forward, he was racist. Gave me schedules that no one else would have and took a lot out of me (health wise). He got transferred a while later. When the new manager came, it was all great! I was happy, no unfair treatment towards anyone. Then something happened and the previous manager came back.

    When he came back things started to go down hill from there. I got another job (part-time) on the weekends only that pays cash. I committed myself 5 days for the regular job. He gave me a hard time and showed more incompitence than ever. It was not only towards me but others that were not his race. We went to HR on a lot of issues and waited for a long while before they did anything. In the end the manager got terminated. I don't believe it was because of the other employees and me. Now that he is gone the district manager sent over another manager from another store. This is my problem now.

    She called my cell phone the first time she started to make the new schedule for the store I work at. She asked me my availability and I gladly replied that I can work M~F open or close. I told her that I have another job on the weekend. It seemed that it was fine and all. Well, a couple of weeks later I was asked if I can help the weekend job on a Friday so I thought okay, I'll do it since I didn't get to work the previous Friday. When she made the schedule, I told her that I cannot work Friday (NOT I cannot work every Friday). I guess she had a fit and supposedly called the HR on me and asked what she can do.

    This is the interesting part. Supposedly, the HR told her to give me "two weeks". She then can schedule me any time she wants whether I like it or not. what are my rights as of now? She also told me that she is going with the application I filled out almost two years ago. I am going to add that we are currently under a new company and new rules. can the manager do this to me? I want to know what I can do about it. She also told me that she will let me know in advance if and when she will put me down on a Saturday. I did not say I accept or i do not accept. This past week she put me down on Saturday May 24th, when she knew I had to work at the other job on the weekend.

    The schedule does not come out until Sunday! So I wrote on the schedule the following day that I cannot work Saturday due to my other job. I also wrote a page full note that she knew I have work and if she needs to talk to me again I'm free to talk about it. She totally ignored it and told a co-worker that no excuses like she said at the meeting. There was a meeting she made on (believe it or not) Mother's day!! Of all the days she wanted to do it then. A lot of employees weren't happy about it I know. Well, I still had to work Sunday regardless so I did not show up at work. I already told her I cannot make it. That was on the 10th. She told people that she will give correctives for those who do not show up. There were three people who did not show up, which included me. Now she wrote the correctives up on the 18th, which I thought was totally non-sense since on the 11th i worked with her and she did not write it up then? Is that still legal to do? I still have it and did not sign it yet.

    I did not show up on Saturday because I was at my other job. I have clocked in and out sheets to prove my case and also co-workers who will stand on my side about it. Today is Sunday and I just called for the schedule. Tomorrow is Memorial Day and I am not on the schedule for that day (co-incidence?). I work a graveyard shift then close. Here is the problem again, she puts me down for a Saturday. I don't know what to do to stop this problem from going overboard.

    I've already tried to resolve a situation with the previous manager, who got terminated, with HR. I don't want to look like a trouble maker! Please help me out asap. Do I have any rights? Can she use my outdated application which was filled out for a company that no longer exist? The job I have for the weekend is cash only and there are no applications needed to be filled out. The boss can fire me at will, but he won't because I'm a good worker. I cannot get full time there too so I'm trying to work things out here. Ask me anything you need and I will answer to GET answers. Thanks so much in advance.


  • #2
    The law does not address scheduling and the employer does not have to take into consideration your personal situation, including your other job, even though your prior manager did so. It would be legal to "write you up" for not working on a scheduled day, short notice or not. Neither does the law address working on holidays, Mother's Day not withstanding. Not showing up for a scheduled shift or meeting is a good way to get disciplined or even (legally) fired. There is no time frame by which a "write-up" may be issued, no matter how long it is after the reason for it.

    What do you mean by weekends being "cash only"? Are you saying no taxes are withheld from weekend pay?

    No one is indispensable these days, especially in this economy and with the unemployment rate is your state being 11%.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Agree, your employer/manager does not have to take into consideration any other job you might have when making out the schedule. Sorry.
      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.


      • #4
        thanks. I see what yer saying. Guess i'll have to work it out somehow.


        • #5
          It's normal that each employer is going to be concerned about their own business & not a job at another business you might also have.
          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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