How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask socrateaser Your Own Question

socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 36934
Experience:  Retired (mostly)
Type Your California Employment Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Please excuse the lengthiness of this communication. Employment

Customer Question

Please excuse the lengthiness of this communication. Employment law. Hospice Case Manager. Terminated. No prior disciplinary action at all, 3 wks prior I recieved yearly eval with ratings of meets or exceeds in all categories and recieved a 0.93 cents/hr raise.The reasons stated on the termination letter are false and misleading and state "gross negligence" and "wanton disregard for company policy". There was no injury at all to anyone and this was never an issue. Since there is no "wrongful term" and Ca. is "at will", I submitted a grievance into the "Grievance Resolution Process" on June 23, 2011. I received confirmation email on 29th. Then no further response until 7-19-2011, after I inquired on 18th. Now HR wants to meet with me. Below is copy of HR's response.
"The time and date is fine. This is just an opportunity for you to discuss your side of the events that occurred. Any documentation that you wish to bring would be fine, but it is not a formal hearing per say.. It will just be the two of us. We can discuss next steps when we meet. See you soon." I am wondering if HR is most likely "fishing" for info to build their case against me, and so should I be cautious -- what is the wisest way in which I should respond at this "one on one", and is this typical? Since the process lists a 3-step process followed by final and binding arbitration if necessary. THANKING YOU IN ADVANCE. (The meeting is set for today 7-26-2011 at 1pm.)
Submitted: 4 years ago.
Category: California Employment Law
Expert:  socrateaser replied 4 years ago.

I'm sorry that no one has responded earlier. If this reaches you too late, then oh well, I tried.

HR departments are created to protect the employer's interest. The only reason why the HR department is providing you with a meeting, is to ensure that the employer has no liability for your termination, especially liability for termination based upon race, color, nationality, religion, ancestry, sex, sexual orientation, pregnancy, age or disability.

Other invalid reasons for the employer's concern is that an employee who is terminated in a manner contrary to the employer's disciplinary policy may create a viable wrongful termination action. This could give you a complaint for lost wages -- though generally not for reinstatement.

The point is that HR will attempt to obtain facts that protect the employer from liability. There is generally no interest in trying to assist you in being reinstated.

So, if your supervisor made an intimate advance, and you complain about it to HR, you will almost certainly be reinstated with back pay. Otherwise, the meeting may make you feel good, but it probably won't change the outcome of your employment termination.

Note: if HR offers you your old job back at a wage more than 80% of your old wage, but not 100%, then be careful, because if you reject the offer, you could make yourself ineligible for unemployment benefits.

Also if HR tries to satisfy itself that your conduct was gross insubordination (refusal to follow rules), then that, too could invalidate you from UI benefits. So, be careful, because people like to vent, thinking that they will get justice. Reality is the opposite. Better to say nothing at all.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

Meet The Experts:

  • LawTalk



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • LawTalk's Avatar



    Satisfied Customers:

    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years experience & recognized by ABA for excellence in employment law.
  • Brandon, Esq.'s Avatar

    Brandon, Esq.


    Satisfied Customers:

    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • melissamesq's Avatar



    Satisfied Customers:

    Represent clients to maximum recovery in employment cases.
  • /img/opt/shirt.png Attorney2020's Avatar



    Satisfied Customers:

    I have significant experience in employment law.
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel


    Satisfied Customers:

    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.