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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4831
Experience:  Extensive experience representing employees and management
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my daughter is subltly being harassed at work. She has been

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my daughter is subltly being harassed at work. She has been there for 15 years but new supervisors have been put into place and it's like they're trying to get rid of anyone who has been there for any length of time. They've changed work policies and added more work to her already hectic schedule. Others have told her that they are trying to get rid of her. People are being fired left and right. She comes home crying every night thinking that the next day she will be fired. They have given her two PIP's (improvement programs) and critcize her everyday. She was verbally reprimanded as having an unprofessional attitude because she teared up at work. The supervisor also let her know that if this continues that disciplinary action will be taken. This tactic has been used at least four or five times. She has gone to some counseling but was told that eventually she will just have to go back to work and face the situation. She was out 3 weeks for stress and a work comp injury (wrist).
Her first day back to work she was given another PIP to improve her work performance. In all the 15 years she has worked there she has NEVER received a bad review, she has recieved glowing work reviews. Now, suddenly, she can't do a think right. She is depressed, takes something to help her sleep at night and cries daily. What are her options?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your daughter's situation and hope I can help.

Unfortunately, while the conduct of your daughter's employer is definitely unethical and inhumane, it is not illegal.

In order for harassment to be illegal it would need to be based on discrimination due to a protected characteristic (such as race, gender, national origin, ethnicity, sex, or gender).

Unfortunately, there is no law against an employer mistreating his or her employees, including giving them unjustified negative reviews, verbal abuse, and performance improvement plans, as long as this treatment isn't due to discrimination.

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Joseph, Lawyer
Satisfied Customers: 4831
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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