Flashalolic was fired...Any workers rights Organizations?

I was just fired from my job, without any notice. When I was also working there I worked 12hr shifts with no overtime, or breaks in between. I had a coworker that was fired because her vocabulary was ''Ghetto.''

I had worked for this place for three years, and laid back enviorment, so I let the 12hr shifts and breaks slide, because it didn't matter at the time. Now it does, since they just tossed me, am I not suppose to recieve a 2 week notice?

Forget all the accusations of racism and the 2 weeks notice myth....it will only cloud the issue. If you can prove you worked 12 hour days without OT pay, you can get them in big trouble...focus on that.

Did they give any severance pay? You were probably an "at will" employee and they can fire you at any time for any reason.

Marty

Sorry you lost your job like that.

Yeah, concentrate on the 12 hr days with no OT pay. (unless you worked 3 days a week or less, then, in most states 12 hr days are OK without OT)

THere should be SOME State agency that will go to bat for you over this.

US Department of Labor. Wages and Hours

Thanks for the quick help. No severence pay.

V8TOYOTATRK -

This is NOT legal advice, but I don't think there is any requirement of a certain "notice" period for employment termination, unless you had some sort of employment contract that specified otherwise. There are prohibitions on firing for most employers related to discrimination (race, national origin, gender, etc), and some other things like retaliation for whistle blowing, but other than that, I think employers are given pretty wide latitude with regards to staffing (which I actually would agree with). If you do feel wronged, you probably can set up a free consultation with an employment lawyer to discuss your situation.

If you weren't paid for your overtime and you're entitled to it (i.e., you're not an exempt employee), then you probably can get those back wages by filing a claim with the DLSE: http://www.dir.ca.gov/DLSE/dlse.html

Good luck man. Hate to see anyone lose their job in this environment.

John

Sorry to hear that , good luck with your complaint.

I'm sorry to hear it. I know that at my job, the two weeks notice is what I have to give them if I want to quit, not the other way round.

After working there for 3 years, you should be entitled to collect unemployment, so you should look into that.

I've been fired before too. It stings like hell. Each time though it led to something better.

Look. If you were an "AT WILL" employee, no notice is needed for you to give them, or for them to give you. It common courtesy to do so, but its not the law.

The fact of the matter is, unless you are a Union or contractual employee, there are no real employment obligations on either end unless there is some sort of discrimination involved. But companys are kicking up the daisies left and right in this economy, so your going to need some good foundation for a suit.

If you were an hourly employee, then you certainly are entitled to your overtime if you kept track of it. If there is no record of it, or you are an "exempt" salaried employee, you are SOL.

The bright side to this is that you really don't want to work for a company that would treat you like that anyway. I am on "redeployment" myself and might be out of the company in 2 months, but at least I have severance and notice. Its about all I can ask for, except for a job of course...

Good luck. I feel your pain man. I really do.

Wouldn't it be interesting to see if the root cause of your being fired, is your having high end, non-minimag flashlights at work (surefire, Arc, etc.), thus seeing you as a potentially and dangerously 'unbalanced' person, by having aforementioned lights (aka impersonating a LEO for instance). Other potential problem, is the assumed Guilt by reason of Association profiling (guilty for NO other reason than knowing someone considered to be Subversive {big, vague word}). Also a possible reason, is you happen to be of, say, Iraqi extraction (considered to be enemies of the USA).

It concerns me greatly that no reason was given. This would tend to indicate that one or more persons in the company is/are very much afraid of you, rightfully or wrongfully (or are discriminating, but don't want to open their mouths, so all can hear the braying).

V8TOYOTATRK,

Sorry to hear about your situation. I agree with kubolaw and his suggestion that you link to the site he referred too.

Whether you have success in your efforts will depend, in part, on your employment status and the terms of your employment, if any. He is correct in saying that employers are given wide latitude to run their business so long as their employee relations decisions are not made or implemented in a discriminatory way. If it's a legitimate business decision that has a negative impact on you, you generally won't be successful but each case is different.

Looking at the above site is a good begining and should give you plenty to read and consider. You should also give some thought to speaking with a labor attorney. Ask directory assistance for the number for the LA County Bar Association. They can point you in the right direction. I believe that they too have a website that you should browse.

Best of luck.

510. (a) Eight hours of labor constitutes a day's work. Any work
in excess of eight hours in one workday and any work in excess of 40
hours in any one workweek and the first eight hours worked on the
seventh day of work in any one workweek shall be compensated at the
rate of no less than one and one-half times the regular rate of pay for an employee

Im a confused, so do they owe me overtime if I worked more than 8 hours on a particular day, but under 40 hours a week?

It varies from state to state. More than 40 hrs in a week as an hourly employee gives you OT, I think that is Federal. Some states say over 8 hrs in a day is OT. Some states have the more than six days in a row clause for OT. To my knowledge breaks, even lunch, are optional, if you are an adult.
Hope that helps, my suggestion is apply for unemployment NOW and start looking for another job NOW.
What type of work did/do you do?

I worked for a banquet facility, I set up, bartend, and help with clean-up, thats where I get my 12 hours days. I like squeezing in so many hours in a day because I could go to school at the same time. But OT would be great.

So did you work more than 40 hrs a week?
Again from my experience--foodservice workers tend to have fewer protections, there are some exceptions that apply to FS that don't apply elsewhere.

about 25-30 hours a week

In most states, (although I don't know about socialist Claifornia) you have to work on a regular schedule at least 36 hours per week (some states 32 or 34)before an employer is REQUIRED to pay you OT.

And in many states an employment situation (food/beverage service) such as you describe isn't covered by any such laws.

Well, best of luck to you either way.

This lawsuit is getting weaker by the post.

I would not sweat this. Unless you live in a small town with only one hall you should have no trouble getting a job. You work in a industry where most peoples time with a company is measured in months or weeks not years. I worked those jobs while in school and between theater jobs for a long time. As the above posters have pointed out at 25 to 30 hours a week 12 hour days are most likely not illegal. Nor is firing for a poor vocabulary if the person works with the public, "professional image" etc. Call around to a few services I bet you can be working a event this weekend. Look at it as a opportunity to advance, a new job might see your experiance and value.

Patrick Hayes