I just want to know what are my rights in terms of protecting myself from these kind of actions from her. Is it fair for them to just say she has been warned. What are my options to truly make sure that they are taking my issues seriously.
Since they say I have my job are you trying to tell me that in this meeting I need to be careful because they might just fire me anyway.
A: I think we may be having communication problems. This is actually fairly typical, because employees, almost universally, have a fundamental misunderstanding about the employment relationship.
Cal. Labor Code 2922 provides that an employer can terminate an employee "at will" -- at any time, for any reason, or for no reason at all!.
In plain English, you could be the most wonderful employee who ever lived, and your employer coud acknolwedge that you are so wonderful, and your employer could further state that your coworker was the wort employee on planet Earth -- and then, immediately after those pronouncements, your employer could fire you, and promote your coworker.
What I'm trying to show here is that unless you can show the employer a credible threat of class-based discrimination, your employer can smile and tell you that it won't fire you, etc. -- and then, your employer can fire you, and you will have no recourse against the employer for doing so, unless you can prove class-based discrimination.
Now, there are a few exceptions, but thus far, I'm not seeing any that apply to your circumstances, so there's no point in confusing you with the exceptions.
Based upon what you have described, your strongest protection, frankly, is that you are of one race and your supervisor is of another race. That, in my opinion, is the only reason why you still have a job -- and, I don't care what your employer has thus far told you to the contrary.
Once again, in plain English, you have no right to anything in this upcoming meeting. No matter what you say, no matter what you do, your employer can fire you unless the employer believes that you have been discriminated by the supervisor based upon your race. So, if you want to make it difficult for your employer to fire you, then you will concentrate on the race issue. Otherwise, if the employer believes that there is no race issue involved, you may be on your way out the door.
Naturally, I'm just guessing about all of this, and I could be totally wrong. However, my experience is that I am "pretty darn good" at predicting legal outcomes.
Best of luck
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