California Employment Law
California Employment Law Questions Answered by Legal Experts
I was employed in 2004 part-time with a unincorporated municipality. In 2005, I became a full-time employee. In 2006, I was promoted none competitively. Again in 2009 promoted to Supervisor, then in April 2010 to Interim Manager and finally in May 2011 "At Will" Manager overall the operation. In july 2011, I was demoted without disclipinary written notice, sent home on administrative leave and verbally abused by the Assistant City Manager (my boss). Basis for demotion, she stated the city does not like me. I am not a fit. I am a minority female in a all major workforce management team.
Statements addressed to me are "It is my perogative to by pass personnel rules and regulations". I was publically humiliated and then banned from returning to my office to get my personal belongings. Now I am accused of stealing the soda money from the staff (left in the desk).
The employees (12) and state EDD and DOR representatives and their managers were informed of the embarassing scenrio.
During the course of 2009-2011, I was asked to move furniture, hire/train new staff to comply with DOL employment contract requirements that generates funding to support the operation of the department and staff salaries.
I was laughed at verbally intimidated and made to feel that I was worthless (only after I completed the contract performance problems, remodeling and staff stabilization.
In April 2011, crying I asked my manager to stop intimidating me.
She retaliated by demoting me and putting me in administrative leave stating the "city" managements and city council supported her version. "They will never believe you"
By the way, her previous employment of 15 years was correctional officer in a male prison.
Her behavior affected my health, body (moving furniture), and employability today. They have slandered my name i.e., alleging family are drunks, alleged HIV nephew drug and I used drugs and miss use of funds. This is unfounded and are lies. To prove it, during this 2010 - 2011. I completed my MBA. I have received numerous letters of recognition from state, county and private agencies.
I tripled staff, funding, and office capacity. I filed a workers comp four days later triggered by health problems AND the emails she sent me to my personal email on Sunday July 31, 2011 and cc the employees. The emails contain her instructions of relocating me to a vacant office next to her. My aggressor. I ended up in the ER. What rights do I have to protect my family and self. The following threats have been publically made to me i.e., If I do nowwhat they tell me they will cut me off at the knees and ruin my chances of working again,"
Yes, I am waiting for an answer. I guess what is more important to me is after all they did to me. Am I right to have expected progressive discipline and then a written notice before being sent home?
I did not get the personnel action referencing the demotion until August 6, 2011 via mail but signed August 1, 2011. After I went to the ER.
January 31 2012 filed.
I recevied the written compliant with case number XXXXX on Feb 9, 2012.
The employer was given until March 31, 2012 to rebuttal to the allegations of differential treatment, harassment, and demotion. Also for stating that I was Hispanic.
DEFH called me to confirm they have received the response from the employer but my case is number 20 on the list to review.
I am waiting for DEFH to schedule a telephone interview with me to go over their response.
Thank you very much. Your analysis of the situation is appreciated. Thank you and yes, I will contact you again as questions arise.
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