Legal Question in Employment Law in California

I recently informed my employer that we worked through lunch without the opportunity for a break. At that time they paid me. Without discussion after this incident I was written up for having to many absences in a year. Is this retaliation? Is this legal?


Asked on 1/18/12, 9:48 am

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

It is illegal to retaliate against an employee who complains about unlawful labor practices in the workplace. But being an internal whistleblower does not create a shield to protect against legitimate issues an employer may have with the employee. If the write-up is true, they can take action if it is not, it may be evidence of discriminatory intent. Things to look at is what is the company policy or practice regarding how many absences are allowed. Look at your employee handbook or other company material. Are other employees allowed to take as much or more time off without being written up?

Start keeping a diary of events that happen at work, listing dates, what happened or was said, who witnessed it and what documents relate to the event. Do this at home, not work. If necessary, consult with an employment law attorney in your area.

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Answered on 1/18/12, 5:01 pm


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