[navane]

Originally posted by Tippiechick I understand how upset you must be. But, the law actually states that your employer is obligated to allow you to vote IF you give them 24 hours notice that you will be leaving to vote.

Hi Tippiechick,

Thanks for the insight. However, your statement is not correct as election law varies from state to state....please be careful about that. Even so, you weren't as generous as California Election Code.

California Election Code § 14000; 14001 states that an employee may take time off if there is not sufficient time outside working hours to vote.

Response: Polls are open in California from 7am to 8pm. My shift was scheduled from 5:15am to 9:30pm. Therefore I was qualified to request time off to vote as there was not sufficient time outside of work in order to vote.


California Election Code § 14000; 14001 states that an employee must give two days notice of need for time off.

Response: In order to make this work, one must assume that I had plenty of advance notice that I would be working. I did not - they only called me on Sunday afternoon at about 4pm. Furthermore, if you carefully read what I wrote, I clearly informed the supervisor who called me on Sunday that I would need to exercise my right to time off. So, indeed I gave them notice as soon as I found out about my Tuesday shift. There is no way they can deny that they knew that as my boss gave me an emergency ballot request form on Monday morning.

It sounds like they did give you a chance to vote. Granted, you were too tired to fill out the ballot, but an opportunity was given... The opportunity was there... Since you took the ballot, they must have assumed that you would not need time to vote on Election Day.

Believe me, Tippiechick, I made it very clear that I wished to vote on Election Day and my boss did not want to allow me to leave company property. My boss was trying to force me to vote on the spot. Do you think that was ok? The way I see it, accepting the ballot was not a promise to complete my vote at home late at night. It was a compromise that I would be able to vote, but not leave the property on Election Day to do so.

When on a job, I make SURE that if I take a break it is OK'd by my supervisor. It doesn't sound like you cleared it with Lana. If it wasn't cleared with your manager, then you took an unauthorized break. That's considered an abandonment of position.

This is probably somewhat of a fair point. However, this wasn't your average day at the office. This is election grand central. The place was a mad house. Every available surface space was being used; there were hoardes of people running around. I saw my boss but 2 or 3 times in ten hours. So fine....I couldn't find my boss so I told my co-worker where I was going before I walked 30 feet to the lunch room. I guess I was wrong.


But was it right that my employer did not comply with California law? Under California law (IWC Orders and Labor Code Section 512), employees must be provided with no less than a thirty-minute meal period when the work period is more than five hours and another 30 minutes when the work is for 10 hours. I was scheduled for just over 16 hours and had worked 10 at the time I took my break.

I think you should just consider this a learning experience. (At least you did get to vote in the end.)

Yeah, I learned not to work for the Registrar of Voters and also what not to do as a supervisor. LOL


.....Kelly