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Per Diem Employee (hospital) Rights in CA
I'm an employee of an addiction hospital in California. I was hired as a 'per diem' employee July 2007, meaning I am not considered a full-time, 'regular' employee and do not receive benefits of any sort. I worked less than 40 hrs per work until 3/2008, and have been working 40/40+ since then.
1) Per CA law, how long do I need to work 40 hours per week before I'm legally considered a 'fulltime, regular' employee? 2) Recently I've encountered problems with a co-worker who is less than ethical or honest, which has resulted in my suspension this week (with pay) pending investigation. This co-worker is considered the 'golden child' among management who can do no wrong, and has claimed that I've interacted inappropriately with a patient (verbally), although another co-worker witnessed the interaction and can dispute that claim. "Pending investigation" is on the suspension paperwork, although my direct supervisor verbally informed me that she's not required to investigate complaints and doesn't plan to. What are my rights in this situation, and does anyone have suggestions on the best way to handle since I'd like to retain this employment? Thank you! |
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Write a brief summary of what has gone wrong and your recommendation for resolving the problem. Remain calm and professional and stick to the facts.
Protect yourself by gathering documentation. Take notes of conversations and events, including the time, date, and names of others who were present. Write out what happened when it happened and is still fresh in your mind. Keep these in a safe place not at work. Gather documents that might support your side of the story, such as company policies, offer letters, performance reviews, memoranda, emails and other correspondence, or employee handbooks. Keep these copies in a safe place.. also not at work. Only copy documents which you are legally entitled to . Do not copy anything that you should not have access to as it could harm your case and it could get you fired. If you co-workers heard any of the disputes or harassment have them write down what they heard... what happened and date it and sign it. Put it in a safe place. You may wish to consult with an attorney or call and visit with the Department of Labor. DLSE publications Try the above website. Shirley |
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