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 Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7114
Experience:  Significant experience in all areas of employment law.
60109343
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

My state job is trying to write me up for not providing continuous Active Treatment to cli

Resolved Question:

My state job is trying to write me up for not providing continuous Active Treatment to clients I was assigned. Is it humanly possible to provide continuous interaction with others for 8 staight hours?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.

LegalPro54 :

Hello and thank you for entrusting me to answer your question.

LegalPro54 :

I'm sorry to hear about your difficulties at work.

LegalPro54 :

What specifically is the legal question you would like me to address? Also, to be clear, is this a government position?

Customer:

Yes I'm a Psych Tech for state of California

Customer:

verbal warning I was in the group room and a unit supervisor said I failed to provide continuous active treatment to clients

LegalPro54 :

Thank you.

LegalPro54 :

Employers, even government employers, typically have the freedom to discipline employees for any reason that they see fit.

LegalPro54 :

However, public employees enjoy certain special rights.

LegalPro54 :

If you are a "permanent status" public employee, you can only be terminated for certain forms of misconduct.

LegalPro54 :

You would be entitled to a hearing before any adverse employment actionc ould be taken against you.

LegalPro54 :

Regardless of whether you are a permanent status employee or not, you have do have a right to review your personnel file and object to any of its contents.

Customer:

I just didn't like the word continuous

LegalPro54 :

California law actually requires that employers allow employees and former employees access to their personnel files and records that relate to the employee’s performance or to any grievance concerning the employee. (Labor Code Section 1198.5) Inspections must be allowed at reasonable times and intervals.

LegalPro54 :

I completely understand your concern there.

LegalPro54 :

The best thing to do is provide a written rebuttal.

LegalPro54 :

Ask that it be put in your personnel file.

Customer:

I was given a verbal warning at this time but possible other action if it happens again

LegalPro54 :

Unfortunately, there really isn't too much that you can do about that aside from providing a rebuttal in writing (preferably in a tactful and very professional manner).

LegalPro54 :

In the event that adverse employment action were to be taken against you on the grounds of this conduct, you could reference your rebuttal at your due process hearing.

Customer:

Thank you I have a union but thet don't always help

LegalPro54 :

Unions have a fair amount of discretion to pursue certain employee grievances and not others.

LegalPro54 :

Often times that's simply due to their lack of resources, not their belief that you have not been wronged.

LegalPro54 :

I wish that I could provide you with more constructive advice, but I hope that the information I've provided gives you a more clear picture of your rights under this circumstance.

Customer:

Thank you for your input

LegalPro54 :

You're very welcome. Please kindly remember to "accept" my answer if you have found it satisfactory.

LegalPro54 :

Have a very pleasant evening.

Patrick, Esq., Lawyer
Satisfied Customers: 7114
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

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... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...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
< Last | 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

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    857
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    332
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3511
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.