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: 7649
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

i was recently written up by a manager for over hearing a conversation

Resolved Question:

i was recently written up by a manager for over hearing a conversation when i was talking to coworker about my race making a joke about the fact i am part white cause i refered to myself as a white girl and without saying anything to me a month after the fact i was shown a written statment saying i was racist and i made a racist comment i don't feel i did anything wrong enough to be called that im really offended cause im proud of my heratage and i would like some help on what to do
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My goal is to answer your question completely and thoroughly and to provide excellent service.

I am sorry to hear that your comment was misconstrued and resulted in a write up. I'm not sure I'm totally clear on your question, though. You were written up, but you still have your job, correct? So what are you trying to accomplish, what are you hoping to do here?

I very much look forward to assisting you regarding this matter.
Customer: replied 2 years ago.


well i would like an apology and i dont think it should be put in my work file i dont know what to do i have never had this problem before but i dont think its right that i am viewed that way

Expert:  Patrick, Esq. replied 2 years ago.
Tiffany,

Thanks for your reply. It sounds like your concern is more personal than legal. An employer is not going to apologize for instating discipline, especially over something they witnessed first hand, regardless of the fact that you may take offense to the discipline. There would be no legal basis to demand an apology, and further no legal basis to demand that the writeup be removed from your file, as an employer is free compile personnel files as they please.

Generally speaking, it's best to let something like this become water under the bridge rather than escalating the matter with demands or legal threats. That is a quick way to get fired.

All of the above in mind, if you would like a second opinion, I am happy to "opt out" of this question and allow another expert to respond. Is that something you would be interested in?
Customer: replied 2 years ago.


i just dont understand why i should be called a racist for that exspecally when a coworker was talking to me about it how is that right does that make her racist cause she didnt like the fact that i said that i just dont feel that it was right and im never going to be ok with the fact that when i was asked about my race i said i was white and i was written up for making a racist comment

 

Customer: replied 2 years ago.


are you still there

Expert:  Patrick, Esq. replied 2 years ago.
Tiffany,

I understand your concerns completely, and trust me when I say that I sympathize. The problem is that you cannot take legal action simply because someone calls you a name that you disagree with. That's why I said this is more of a personal issue than a legal one. I really don't know what more I can tell you than that, but I am happy to answer any followup questions you may have about the situation.

Best regards.
Customer: replied 2 years ago.


no its ok i wont bother you anymore i just didnt thing that you could accuse people of somthing like that without a reason or on assumtions cause she didnt call me a name she accused me of something serious and offensive anyway thing you for your time and honesty

Customer: replied 2 years ago.
,


no its ok i wont bother you anymore i just didnt thing that you could accuse people of somthing like that without a reason or on assumtions cause she didnt call me a name she accused me of something serious and offensive anyway thing you for your time and honesty

Expert:  Patrick, Esq. replied 2 years ago.

Tiffany,

You are very welcome. I am truly sorry that I do not have better news to give you, but I would hate to mislead you into thinking you could take some sort of legal action when the grounds for such are simply lacking.

The whole situation sounds like a misunderstanding, and as I keep emphasizing, a personal problem more than a legal one.

What I can tell you is that California law requires that employers allow 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) So, you can request to review your file to see exactly what has been written about you with regard to this incident.

While you won't have any legla basis to demand removal of that information, you can at least address its inclusion in your file with your employer and explain the reasons wy you think it is unfair.

Again, I do not want you to think that I am being dismissive of your complaint. I understand why you are frustrated and think that your feelings are reasonable. However, I do not want to mislead you into thinking that the law provides for remedies where it does not.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.

Patrick, Esq., Lawyer
Satisfied Customers: 7649
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 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:

    936
    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:

    936
    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:

    888
    JD, 17 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:

    334
    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:

    3755
    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.
 
 
 
Chat Now With A California Employment Lawyer
Patrick, Esq.
Patrick, Esq.
2320 Satisfied Customers
Significant experience in all areas of employment law.