Disgruntled Employee says Disney violated California Labor Law
Timothy K. says Disney is illegally taking union dues from his paychecks and his co-workers because it did not renew the union contract. If that is the case, Timothy says the corporation has violated the California Labor Law.
But that's just one of Timothy's complaints. His problems with Disney started when he suffered an injury at work and was put into a 'transitional duty stage'—which means he was removed from his regular work and placed in another position that wouldn't require the use of his arm. "I worked for Disney WorldWide Services' restaurants and was diagnosed with advanced carpal tunnel in both wrists and torn rotator cuffs," says Timothy.
Timothy collected workers compensation benefits but says Disney caused him to lose workers compensation benefits. "Twice, they told my insurance adjustor that I had returned to work, but I hadn't returned," he says. Timothy was eventually reinstated but he didn't have any income for weeks and has a family to support.
"I'm not Disney's only workers compensation case but after my injury it has been one problem after another," he says. "I know other employees who have had medical problems—they were transferred to positions where they have to use their hands in repetitive motions even though their doctor has given notification.
But this is my biggest beef with Disney: I came back to work on September 22 and they took union dues from my pay when the union has no standing contract with Disney and they haven't taken any dues from other union members since February. They took $140 off my check and on my pay stub it states this amount went to 'Local 681 union dues'. I phoned accounting and was told to talk to my immediate supervisors. They sent me to HR and HR told me to call the union. I even called my workers' compensation adjustor and he advised me to contact a lawyer.
The union called Disney's payroll department and Disney told the union that I would be refunded $105 on October 16th. Had I been fired, I would have been given a check immediately. Why do I have to wait for this money?"
Thirdly, Timothy says Disney has also violated California state labor law because it
"owes me money from the time when I was in transitional duties one year ago," he says.
"That position came with a premium pay which means that if I am not making tips, I get paid a higher rate than basic minimum wage. They didn't inform me that I was entitled to this premium and instead they paid minimum wage: $7.50 per hour. However I was entitled to receive $8.36 per hour. Again I called labor relations, accounting and HR and they told me to call transitional duty. Guess what—transitional duty told me to call labor relations.
In other words, I am getting the run-around. My co-worker is owed about $350 because Disney paid out union dues when they weren't supposed to. They told him the money would be refunded but that was a year ago and he hasn't been paid what is rightfully his. Because of him I decided to seek legal help and get paid what is legally mine according to California labor employment law."