Wrongful Termination Tricks

COMMON TRICKS EMPLOYERS USE TO SAVE THEMSELVES MONEY

  • Sudden enforcement of policy: small infractions of company policy that were Person under crumpled pile of papers with hand holding a help sinever enforced until a complaint of some kind was filed with HR.
  • Nit-picky paper trail: Your boss compiles a paper trail of small often subjective complaints about your performance right after you make a complaint about work.
  • Faking Layoffs: Some employers pretend they are forced to make layoffs for worsening business. It looks very fishy when only a small group or even one or two employees are “laid off” who have filed complaints or raised concerns about work conditions.
  • Passive aggressive push: Your boss is afraid to terminate, so they try to make you want to quit on your own by creating a miserable, work environment. This can sometimes be asserted as wrongful termination based on hostile work environment.
  • Suspicious timing: If you were laid off right before you were do to get a pension, large bonus or pay raise as set out in your contract.
  • Sick leave termination: sometimes an employer will issue a termination as soon as the legal sick leave set in the Family Leave Act, period is up rather than allowing you to return to work and explore other options for working with the illness.
  • Suddenly too disabled: firing an employee on the basis that they are now unable to perform the duties required. Whether the job description changed, or the employee was injured this may be discrimination and wrongful termination.

 

OVERTIME TRICKS

  • Fake manager: Just giving you the title doesn’t exempt you from overtime though many companies try to claim this. Your actual job duties define whether you get overtime pay, not your title. You can see the Manager Exemption here, but if you make less than $28,800 a year you are most likely qualified for overtime.
  • Off the clock: You have to be paid for all time you spend “working” this means if you arrive at work and are required to change into a uniform, or stay at the end of your shift and perform “closing duties” etc. you must be paid for this time even if it means overtime wages. It is illegal to force an employer to work off the clock, no matter how much time these items require.

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NOTE: California entitles you to daily overtime, unlike the Fair Labor Standards Act which is after 40 hours per week.

-EMPLOYER TRICKS.
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