I work in a restaurant in San Francisco. We use an app for scheduling. Now Let’s say I’m scheduled at 6PM and I show up ready for work at 5:57 PM and my manager is giving me issues and threatening me because I didn’t show up 10 minutes before my scheduled time. Can I sue for wrongful termination if he fires me for not showing up before my scheduled time even though I’m always on time ?
1 Answer from Attorneys
It would not be wrongful termination, however it would not be a proper termination "for cause" under unemployment rules, UNLESS, there is an official policy that employees are required to show up ten minutes before they are to actually start working. If there is such a policy, however, they must be paying the employees for those ten minutes of "check in" time. If it is officially required and they are NOT paying for the time, you and all other employees subject to the rule have a Labor Commission claim for unpaid wages.