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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6811
Experience:  Significant experience in all areas of employment law.
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I work for a contract security company at a facility with 50+

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I work for a contract security company at a facility with 50+ security personnel about 9-14 A shift. My position is first shift, security control dispatch and because it is busy during shift they have added a second individual to assist the main operator. So now that you go the back ground i'll explain the problem.

My assistant operator has filed and HR or district manager report that I create an unpleasent work environment. The things she has told me that bug her are; I don't smile, I am down and seem depressed, and that I am at times to the point and snappy. I told her that when I have a serious look on my face its just because Im focused. She further stated that my negative attitude wears on her as well.

I however feel the same way about her, and have even seen a psychologist because working with her was disturbing my life outside of work as well.

Any ways her specific complaint was that I am snappy, rude, difficult to get along with, and that I told her I don't like her and that i said i have lost total respect for her. When In fact what had happened was she appraoached me one day and stated and asked why i had not even said one word to her. I then asked her, do I not communicate all work related matters with you and she replied, yes, but we cant or shouldnt just work like that we should get along. I told her that on a personal level she hurt me when she didnt have my back when i was working 9 days straight in a row with 8 of them being 12 hour shifts that I had great respect for her and did not exact kind of behavior from her. I then went on and told her that even even if co workers don't like each other on a personal level they still need to work and interact professionaly. She then said so you dont like me. I cant work with someone that doesnt like me. I explained to her that i never said i dont like her i was just making a statment that even if that is the case that should be left at the door and not brought to work.

The district manager immediatly removed me from that post and placed me as a rover unit (a positions a few steps below) stating that we needed a seperation. He later called me and told me that he would need a statement and that he stated "we may have to remove you from this site due to the fact your creatigna hostile environment no not hostile but unfomfortable working atmosphere"

That is not fair as I feel she did the same stuff plus more. Me moving to another site probally means i wont be full time any more, my pay will be decreased and i will lose the benefits the client subsidizes.

So the two core questions I have is if they did end up moving and my pay goes down 2-3 dollars an hour and I would become a part time Employee. Would that qualify me for unemployment .

My second question is do you think I should have a lawyer place a stamp on the statement I submit. Or possibily change the tense to, my client states. Then have the lawyer sign it. My sole purpose to do this is to let them know I am serious and that I am prepared. (Although I have no intention of hiring an attorney if they remove or fire me, unless its fore unemployment) My whole purpose is to create and illusion that I'm going big and they should back off. Do you think this would help or give them even more reason to remove or fire me?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question.

An employee whose hours are reduced may be eligible to receive UE benefits. Specifically, an employee is typically eligible provided they have received enough wages during the base period to establish a claim (either $1300 in one quarter of their "base period," or at least $900 in their highest quarter and total base period earnings of 1.25 times their high quarter earnings), they are physically able and available to immediately accept additional work, actively seeking work, and underemployed through no fault of their own.

However, any benefits to which an employee is entitled would be reduced by what they are still receiving as wages from part time work. Often times, those part time wages exceed the weekly UE benefits. Thus, although an employee may be eligible for benefits, they can't collect any because their part time pay exceeds their benefits amount.

Unless you have an employment contract that guarantees you employment for a particular period of time, and assuming you are not a government employee, you are an "at will" employee. More specifically, California Labor Code Section 2922 provides that: "employment, having no specified term, may be terminated at the will of either party on notice to the other." This means that an employer is typically free to terminate you or cut your hours for any reason or even an unfair reason, provided the basis for the adverse action is not discriminatory or otherwise in violation of CA law. Adverse employment action is typically only discriminatory if it is motivated by the employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. (See Govt. Code 12921.)

I sincerely XXXXX XXXXX this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.
Customer: replied 2 years ago.
I completely understand the at will employee but in the past i had put in a complaint about my supervisor how he harrased me over the phone fore calling in sick. And that he had tried to push is religion on me. Further more that he yelled at me like full out yelled at me in front of the hr cordinator for presenting a doctors note restricting me from working nights. The conclusion to that investigation was that the supervisor stated he was upset with the situation and not me and he stated that could and should have handled the situation differently.

It seems as when I (a male)complained about something similar no action was taken however when a female complained about a male action was taken would that not be considered gender discrimination.

The second question I had from my original question was do you think me getting a lawyer to draft a statement on my behalf or me drafting a statment in "I or Me" My client and getting it signed by the lawyer. On an attorney letter head. (Note I am not wanting actual representation)My goal is to make them believe that I am not playing around.That I am backed up don't try any business. So in your opinion and years of experience do you think the letter would serve this purpose or do you think it would further convince them to fire me. I know your not a mind reader and you never know what happens but what do you think would be the likely hood.
Expert:  Patrick, Esq. replied 2 years ago.
There is no legal requirement that an employer treat his or her employees nicely or even with respect. Harassment is prohibited ONLY if it occurs on the basis of an employee's race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age (over 40), or sexual orientation. Furthermore, unless the conduct is quite severe, a single incident or isolated incidents of offensive conduct or remarks generally do not create an abusive environment. A “mere utterance of an ethnic or racial epithet which engenders offensive feelings in an employee would not affect the conditions of employment to a sufficiently significant degree to violate Title VII.” Rogers v. EEOC, 454 F.2d 234, 4 EPD ¶ 7597 (5th Cir. 1971). To the contrary, a “hostile environment” claim generally requires a showing of a pattern of offensive conduct.

It would be unwise to write the letter from an attorney letterhead if you did not have an attorney actually representing you because this could be considered fraudulent. Furthermore, attorneys in the state of California can be looked up by name o the California Bar's website, and so any fictitious letterhead could easily be discovered as false. If you wish to actually hire an attorney, some may be willing to write a letter for you at a discounted or reasonable rate.

For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com

I hope that this adequately clarifies my response and makes it worthy of your "accept." Please remember that I will not be paid for the time I spend assisting you until you press "accept." Thank you so much and I wish you the best of luck.
Customer: replied 2 years ago.
Even with the information you have already given me I am going to hit the accept button.

What I meant by "It seems as when I (a male)complained about something similar a male did no action was taken, however when a female complained about a male, action was taken." Now I am saying Isn't that sex or gender discrimination that when the female complained, disciplinary action was taken but when the male complained (Me)my claim resulted in no actions being taken, just a "I could have handled the situation better" statement even though the circumstances were both similar. The major difference being one complain was from a male and from a female, and it seems that the males complaint was disregarded.


Secondly More importantly I was not wanting to make my own attorney letter head. I was wanting to hire an attorney just to write a letter for a cheap price. But that's all I want I don't need representation since I am not escelating it anyware.

I was just thinking that If I had a letter from an attorney it would create the illusion that I am backed up so don't try any shady business. Now my question to you is through your years of experience do you think that would serve the purpose and tread lightly or just further persuade them to fire or remove from post.
Customer: replied 2 years ago.
Relist: Answer quality.
I was still waiting for a response to a question I asked about the answer, and now the individual is offline.
Expert:  Patrick, Esq. replied 2 years ago.
Sorry for not responding sooner, and thank you in advance for accepting my answer.

Typically, it is beneficial to have a letter drafted by an attorney rather than by the employee himself. Sorry I misunderstood what you were asking about there. An attorney's letterhead sometimes has a very significant impact in regard to how an employer reacts to legal claims or allegations, and if you can afford to hire an attorney for this limited purpose, it tends to be a good idea.

Selectively enforcing policies on the basis of employees' gender can constitute actionable discrimination. However, the problem typically lies in proving that gender, and not some other thing, was a motivating factor in the treatment. Every day employees unfairly receive worse treatment than similarly situated coworkers, and statistically, half that time the coworker will be of the opposite gender. In order to prove gender discrimination you would need more than simply a hunch that gender was a motivating factor. You would need an established pattern of behavior or express statements that gender was the reason why you were receiving worse treatment.

A plaintiff bears the burden of proof in presenting their claim, and absent more concrete evidence, a lawsuit alleging discrimination on the basis that other employees treated more favorably were of the opposite gender would likely go no where.

Again, I hope that this clarifies my response and sorry for any confusion.
Customer: replied 2 years ago.
Last question... You have been the best and I am very appreciative of your help. Do you know any attorney who would be willing to do this online as there is no binding contract just a letter from an attorney?
Expert:  Patrick, Esq. replied 2 years ago.
It's my pleasure to assist you.

The rules of Just Answer prohibit me from referring you to a particular attorney. However, for a source for attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA or visit http://www.martindale.com On MartinDale, you can search attorneys by their practice area. You will want an attorney who specializes in labor and employment matters.

Most will be willing to draft a letter at an hourly rate, typically not to exceed 1 hour. Younger less established attorneys will typically have lower hourly rates.


Patrick, Esq., Lawyer
Satisfied Customers: 6811
Experience: Significant experience in all areas of employment law.
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