work help: Hello.

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Hello.

SERIOUS, EXPERIENCED REPLIES ONLY. Lawyers appreciated.

I’m dealing with a very inexperienced manager. I just started employment with the company and he has been making mistakes that is costing me. However, I need the money so I’m trying to find a happy medium.

An important issue that I don’t think is acceptable (I’m wondering what YOU GUYS THINK). I put on my application that I can’t work past 11:00. He also ask the employees to hand in another schedule with specific dates pertaining to this month, September. On the first “training” schedule (a new place and training the employees before the ice cream store becomes operational) he puts me on 12:30–an 1 h and 30 mins above. I told him that I’m not available than and referenced to the application and schedule. He points that I don’t have school that night (which I thought was a breached of conduct because it is non of his concern what I do…I’m available when I put to work…again tell me what you think). I haven’t said anything since and is pondering what to say–if to say anything at all.

There are 2 camps. These people are adults like me who have work. I’m trying to get other peoples opinions.

The first side says I’m available when I’m available…period. I put it on 2 separate papers. One, I put it on a paper before I was employed (my application) so he knew before hand what he was getting. Two, I put it on the schedule pertaining to specific dates. Three, it doesn’t matter what the reason is, if you can’t work you can’t work. Just because it is not school doesn’t justify him to do what he did. These people say he can’t fire me based upon those basis, he actually needs documented reasons before kicking me out so he doesn’t get sued.

The other camp is that is what he wanted than but his “needs” change. One, I should be “grateful” and try to be even “more flexible” than I’m already being. Two, once hired he doesn’t need a reason to fire me (even on the basis of my availability which I stated multiple times previously), he just can say, “I don’t think this is going to work out.” California is a “At will” employment. Three, it is only a training week so keep your mouth shut and he maybe won’t do it again (the other side says not to let him get away with it otherwise he will abuse it and when challenged say, “You worked that late the other times.”).

I’m leaning in to the first camp. But what doe you think serious replies only.

This open post was written 2 months, 3 weeks ago | V/U/S: 96, 3, 2 | Edit Post | Leave a reply | Report Post

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Since writing this post Anonymous may have helped people, but has not within the last 4 days.

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littlenick 126 #
An Undisclosed Location | 2 months, 3 weeks ago (7 minutes after post)

Find another job and quick because you’re going to get fired. That’s as serious as I can be. Sorry.

If you’re trying to build a case for improper dismissal, you’re going to have a tough time. You’re on very shaky ground and any lawyer with labor issues experience will tell you that and you’re not gonna find one to take your case on contingency, that is for him to get paid if he wins the case. Any experienced attorney will ask you for money up front and that’s usually a 5k retainer because he will see immediately that this case is a loser from the get go.

Good luck!

Help me with: How to Get a Job

littlenick 126 #
An Undisclosed Location | 2 months, 3 weeks ago (27 minutes after post)

Your case involves labor law.

Did you sign a contract?

Were you explained explicitly what all your job entailed?

Were there witnesses when you were told the things you say were told to you?

Have you anybody else who is willing to testify on your behalf?

Do you have supporting documentation and times and dates?

Help me with: How to Get a Job

Zenman12 0 #
An Unknown Location | 2 months, 3 weeks ago (54 minutes after post)

Thank you for responding littlenick.

First before I answer your question…about the legal aspect what is your take on on the situation? I’m just trying to understand the legal precaution as well as anything I do with it as a “last resort.” What is the best way to go on about it?

“Did you sign a contract?”
No. Unless a specific schedule handed to me by my employee counts. Also my application has when I’m willing to work (that was signed by me…it states that all information that I provided is true, blah, blah, blah).

“Were you explained explicitly what all your job entailed?”
No. This is what frustrates me. Is that during the interview, before the hiring process, I was not explained the circumstances and changing conditions of the job. I assumed based on his acceptance of my application, he found it acceptable. This includes work availability and salary desired.

“Have you anybody else who is willing to testify on your behalf?”
No. Interviews are usually private 1 on 1 things.

“Do you have supporting documentation and times and dates?”
No. I gave both the application and the work schedule to him. I didn’t think he was going to breach beyond what I wrote.

—–
I’m trying to work with him. I’m already letting him not pay the amount given on the application. He never mention anything about a work trial period and I assumed that he was going to pay me what I asked for. Now it is going into work time. Maybe I’m just making a snowball effect hysteria out of this but it may go into taxing on hours as well (I agreed to 16 hr/wk).

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