Legal Question in Employment Law in California

Unpaid Wages and Retaliation against a minor

My 17 year old daughtr works for a Retail Store Corp. She started 28 May 04.

1- Pay is being withheld for hours worked

2- She is being left alone in the store (against store/CA policy)

3- Aprox. 3 weeks ago she requested a transfer to another store, which needed the approval of her Mgr the ''new'' Store Mgr and the Reg. Mgr. All agreed. Later her store mgr told the ''new'' Mgr that she was not going to let my daughter transfer and would see that it did not happen, after talking to the Reg. Mgr, he said the transfer was not a problem and he would take care of it. Now with out reason we were notified by the ''new'' Mgr there would be no transfer.

The Store Mgr first reduced hours to 1 day saying this was so that a replacement could be trained as my daughter was transfering. Now my daughter has been placed on call. Company policy is that when on call a person is scheduled on call. The Mgr has said she will call if needed and my daughter is not on the schedule.

4- there have been 2 write up that do not comply with company policy, after transfer request, which appear to be in retaliation to transfer request.

5- While working with the Mgr, she does not speak to my daughter during shift

I have been told to talk to Atty. before proceed


Asked on 9/13/04, 3:50 pm

1 Answer from Attorneys

Donald Holben Donald R. Holben & Associates, APC

Re: Unpaid Wages and Retaliation against a minor

Based on cost involved with hiring an attorney, my recommendation in CA is that you contact the Labor Commissioner and file a complaint re all you mention. While they will not necessary handle all complaints, the info might lend to their actions on behalf of your daughter. They will handle matters re hours, pay, etc. etc. If questions, I will be happy to speak with you.

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Answered on 9/14/04, 5:44 pm


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