Do I have a case if my employer is suspending me for voluntarily working past my shift unpaid?

UPDATED: Dec 28, 2011

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Do I have a case if my employer is suspending me for voluntarily working past my shift unpaid?

Initially they were trying to suspend me for an incident that eventually got cleared up. They then looked for other violations to try to suspend me on. I work in retail and I am one of the stores top producers. I feel like I’m being targeted for my seniority. There are countless others who would be guilty of the same violation but they singled me out instead. Do I have a case to fight it if they terminate me without giving me a written warning first? I’ve been employed with them for 30 years.

Asked on December 28, 2011 under Employment Labor Law, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to review your handbook or employee manual and see what is states about working past shift period. If this is a mostly commission based position, it can be an issue if you are interfering (voluntarily or involuntarily) with someone else's sale. So the best bet is to review the employee handbook/manual and then if it seems to be in your favor or even if it doesn't, gather what you have, including copies of past reviews and sit down with a labor lawyer about this matter. Also talk to the Equal Employment Opportunity Commission about this.

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