Legal Question in Employment Law in California

My employer is always suspending other employees for the smallest incidents. He also always talks about employees personal lives and reasons why he dislikes them and suspends them or wants them gone. Recently, he sent me a text saying that a group of people was coming in and before I even had a chance to respond, about 20 people walked in to the bar. I was the only bartender on site and got really busy. However, I handled every customer (no one left) and 3 hours later (when the next shift bartender came in) I finally had time to check my phone. I had several text messages from my boss asking me about sales and the number of customers. When i replied with the fact that I did not have time to count the patrons he told me that he has asked me before to let him know when there were more than 20 people at the bar. I told him that he had never said that and he told me I was suspended without pay for 2 weeks. Unfortunately, I had to quit because I cannot afford to lose 2 weeks pay whenever my boss makes up rules. I told him I would come pick up my money the following day at which point he told me that because I quit, he didnt have to pay me for another 72 hours. When I asked him when would be convenient for him, he confirmed the following day was fine. When I showed up, the bartender there knew nothing of it, my employer was not around and would not answer my calls or texts. Do i have a case, or maybe even more than one? Remember, he notified me of the group coming in!


Asked on 12/06/12, 2:02 am

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

For purposes of this answer, I assume that you were an "at will" employee working in California. Most employees in California are indeed "at will."

Under this assumption, your employer has 72 hours to pay you once you quit.

I do not see where you would have a claim against your employer due to your suspension. Your employer may have been unreasonable, but that does not give rise to a legal claim against him.

You would have a claim against your employer if he fails to pay you within 72 hour period of your quitting. That claim would be under California Labor Code Section 203, and could be pursued either in small claims court or before the California Labor Commissioner.

Best of luck to you.

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Answered on 12/06/12, 2:32 am


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