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“ON-CALL” SCHEDULING IS “UNFAIR” SCHEDULING
Whether it’s called standby, on-call, surprise, or predictive scheduling, there’s one thing for certain: it doesn’t matter what it’s called—it’s an unfair employment practice for hourly workers and one that courts across the country have found problematic if not illegal. Let’s be clear: this overbearing practice negatively affects hourly employees in the retail and food service industries. In other professions (including doctors, nurses, firefighters, etc.) it’s a perfectly acceptable employment practice — and in many cases a necessary public service. But outside of these examples, on-call scheduling is overly restrictive and demonstrably unnecessary. A surgeon or IT specialist on call? Of course—but there is nothing inherent in an industry that would require a cashier or fry cook to be “on call.” This one-sided practice also limits the worker from securing other valuable employment opportunities — especially in a California where the cost of living is very high. In fact, employers who engage in these practices can face severe penalties and expose themselves to lawsuits.
“Since 2016,” reports Forbes, “there’s been a steady rise in the number of federal pregnancy discrimination lawsuits. And thanks to the coronavirus, this trend accelerated in 2020.” In fact, the number of cases almost doubled despite the fact that the birthrate in the nation had been declining by an average of 2% a year.
ARE YOU ELIGIBLE?
If you were fired from your job because you were unable to perform the job, or you were not a good fit for the job, or if you were laid-off because of economic reasons by the company, you will likely be able to receive unemployment benefits.
We currently hear a great deal about the “minimum wage”—and rightly so. Wages are the foundational element of workers’ rights and it’s important to know the legal basics. Let’s take a brief look at both federal and California state guidelines—and there’s good news for California workers: the minimum wage is significantly higher and progressive in the Golden State.
HOW TO FIND AN EMPLOYMENT LAWYER (AN EXPERT WHO WILL FIGHT FOR YOUR RIGHTS)
The goal of this important article is to offer advice on finding an outstanding employment lawyer who will help defend your rights in the workplace. In fact, in America, the fight for workers’ rights has been a long struggle—one that began during the founding of the country and still continues today. The protections and rights we see in the workplace now became law through the diligence and hard work of the many who came before us. To understand our current reality, it’s always informative to understand how we arrived at this time and place—because history defines the future.
Getting fired is never pleasant. Getting fired for being sick is cruel (and oftentimes illegal). And getting fired for having COVID-19 during a global pandemic is ruthless (and also oftentimes illegal).
What this means for you…
Many workers throughout California are seeking answers regarding the Coronavirus vaccine mandates. Let’s take a look at where we are and what to expect.
Many people ask us:
“I just got fired. What do I do now?”
“Do I have a case? I think I was fired unfairly.”
“What qualifies as wrongful termination?”
“Is it hard to prove wrongful termination?”
“How do I find a good employment lawyer?”