Jump to content


Photo

Got fired because I got sick!


  • Please log in to reply
3 replies to this topic

#1 kittyboo720

kittyboo720

    New Member

  • Members
  • 4 posts

Posted 05 January 2010 - 01:38 PM

So, my boss has changed my schedule for six months now, almost daily. She would call me in early, send me home early, call me in late, or send me home late. She gave me weird hours where I would work 12-1 and then 4-7 on the same day. I live in California. I would work no more than 40 hours a week, because she refused to pay overtime, which she didn't pay a few of the girls who just didn't know the laws. I however, did, and I told her I'd like overtime for the one hour I did ever work, which she paid me, only in order to pacify me. Anyways, besides the rude, unprofessional, crazy, woman that she was... This time she's crossed the line. She is the owner and manager of a Persian deli for 25 years now, already being sued once.. I worked there for six months with no serious problems, although we always butted heads and never got along. But one day I showed up three minutes late (my first time in six months) and she threatened my job that if I was ever late again I would be fired immediately. (Along with much yelling and other rudeness) Okay, well ever since then, she's basically hated me... But I asked for New Years Eve of 2009 off, because my sister was getting married, she okayed it a month in advance, so I thought it was fine. But before that, I got sick right before Christmas of 2009, and had to work on December 22, although I had a fever of 102, if I did not go in, I would have lost my job, I almost passed out at work and no one wanted me touching their food.. So I called in on the 23rd and said that there was no way I could work December 24th, because my fever had rose to 104... She said that wouldn't be a problem when I talked to her that day. Then I called on December 27 after getting antibiotics, and feeling much better, and asked when I worked next, and she said she was going to "teach me a lesson" and not schedule me at work. Well, I didn't work, and just agreed to that, but I called a few times and she kept avoiding my call, so finally yesterday, January 4, 2010, and left her a message asking the next time I worked, she didn't respond yet again. Although she called me this morning saying that if I couldn't work holidays (which let me say she does not pay holiday hours) then I wouldn't be needed anymore, as well as there just not being enough hours left for me after giving them to the other girls. She wouldn't let me talk and merely hung up on me.

Sorry for the length!! But my boss is literally insane... And I need to know if there's anything I can do legally.. I need to pay the bills, so I'm searching for a new job as fast as I can. But is unemployment an option? (Again, I live in California) I really want to nail her for something, because she treats all of her employees so wrong that it's not even funny... Please, anything would be helpful. Thanks!! :)


#2 GuessAgain

GuessAgain

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 12,099 posts

Posted 05 January 2010 - 02:03 PM

A boss being a jerk isn't against the law.  As an at-will employee, you can be terminated at any time for no reason at all.   Firing you because you called in sick, isn't wrongful, just tacky.  You can certainly apply for UIB.  If denied, you have the right to appeal that decision. 


#3 Fallen

Fallen

    Platinum Contributor

  • Members
  • PipPipPipPipPipPipPip
  • 59,930 posts

Posted 06 January 2010 - 03:23 AM

In future, please break up text into paragraphs by hitting "enter" twice every so often.   Big blocks are harder to follow, I'm afraid.


Unless FMLA applies (or pregnancy disability leave, in CA), I'm afraid the employer's free to fire you for calling in sick.


Nothing wrong about an employer limiting someone's schedule to 40 hours so that they can avoid paying overtime.  If you work overtime and aren't paid for it, naturally you can pursue that with the state labor dept.


There won't be a law against being rude-unprofessional in general, I'm afraid, or threatening to fire you if you're even a second late.  You can be fired for no reason at all.


File for unemployment benefits.  Why would you think it wasn't an option??

I'm afraid so long as there are people willing to work for the crazy woman, she'll continue to behave that way.  If folks refuse to work for someone who treats them badly, she might change her ways. 


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 kittyboo720

kittyboo720

    New Member

  • Members
  • 4 posts

Posted 06 January 2010 - 09:04 AM

Thanks for the feedback.. Not exactly what I was hoping for, but kind of what I expected.. I suppose it's unemployment for now, and continue the search for a better job, with a normal boss! Thanks again...




0 user(s) are reading this topic

0 members, 0 guests, 0 anonymous users