Hollywood, CATomorrow is Christine's last day at a job she enjoyed and held for two years. "I complained to the HR department about my boss making me work 10-hour days and my employer gave me two options: accept a demotion or quit," says Christine, who questions whether her employer violated the the California labor law.
Christine is a salaried employee, and understands that salaried employees can legally work more than a 40-hour week. But is it an individual choice?
In a possible case of "reverse" discrimination, Christine was told that she had to work a mandatory 10 hours a day, five days a week, or she would be reprimanded. Meanwhile, she says, "People who have children are not required to work over 40 hours a week. My boss told the girl next to me who has kids that she doesn't have to stay late and she also told me that she doesn't have to work more than eight-hour days."
Christine continues: "I work in product development for a fashion manufacturer. Our department has about 30-40 employees and just about everyone was working 50 hours or more per week, except those with kids. I complained to HR because 10 hour days weren't helping my department; I didn't have enough work to fill 10 hour days so I had to help people in other departments. Of course I could be less busy and fill a 10-hour day but it isn't my style to pretend that I am busy. And I'm honest.
"HR told me I could take a demotion. They implemented a mandatory demotion to an hourly position of lesser status—to an assistant position. I gave notice to quit two weeks ago because I wasn't willing to accept the demotion; tomorrow is my last day.
"I want to consult a lawyer and see if I have any rights. I understand that salaried employees can work more than a 40-hour week. But do you have an option to say no? I am going to contact the labor board next week when I have free time. I want to know if it is legal to be forced to take a demotion and forced to quit. I know there is at-will termination. There are so many gray areas in the California labor law. I personally feel that I don't have any clarification of the labor law code and neither does my employer; they didn't offer me any answers.
"I specifically asked them if it was mandatory to work the 10-hour days and they said yes. But beyond that, they didn't offer any clarification regarding the demotion. I'm the only person in the company who complained about long hours—my coworkers didn't want to rock the boat; they are afraid of losing their jobs.
"Beyond the discrimination issue, I feel that I was disciplined by HR and they retaliated against me: because of these two possible violations. I believe that the company has violated the California labor laws."