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ANDREA
ANDREA, Attorney
Category: California Employment Law
Satisfied Customers: 11580
Experience:  JD, LLM (Federal Taxation); Employment Law, Employment disputes
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I work for a large California corporation as a

Customer Question

I work for a large California corporation as a regional director. My job is to help with market strategy and government affairs. Over a discussion of a critical business decision, I gave my explaination and comments to the team including my direct boss, two colleagues and the General Counsel of the company. The General Counsel who had no never involved in this project and had no experince of the market I am in charge of, ordered me to take an inapproperiate action. He refused to listen to my explaination and suggeations, instead, he said in front of everyone that I made the whole business unit and some others feel stupid becuse I claimed that I am the only one knows about the market. I insulted all of them. I was so shacked to hear this and ask him why did he say that. My boss was right there and knows exactly what I have done and my value. I have never ever heard of any complaints from my boss, my colleagues or the HR management. I have record of three year evaluation. I have cc copied my boss on emails all of the time. There are always conflicts between the region and the headquarter, which is very common. But, I do not think a General Counsel of the company would say such a thing to a senior employee who is in charge of a very importment project in front of her boss and her colleagues. I was really hurt and ready to quit. My boss knows my value and begging me to stay. I would appreciate if any of you could give me some advise and suggestion. What rights do I have to protect from a personal attack and abuse like this. Thank you in advance for all of your help. XXXXXX  XXXX

Submitted: 1 year ago.
Category: California Employment Law
Expert:  ANDREA replied 1 year ago.

Hi, and Welcome to JustAnswer, Thank you for your question, My name isXXXXX am a Licensed, Practicing Attorney and would like to help, but need a bit more information, if you do not mind,

.

.

Do you have a written Employment Agreement with your Employer that states your responsibilities, benefits, under what circumstances you can be terminated, how long you are to be employed ?

Customer: replied 1 year ago.


Yes, I have contract and job description. I was emplyeed in 2008.

Expert:  ANDREA replied 1 year ago.

1. How long does the Employment Agreement state you will be employed by this company ?

2. Does it state under what conditions you can be terminated by the company ?

Customer: replied 1 year ago.


1. Its a permanent contract


2.


(6) Termination


 


If you intend to tender your resignation, you are required to give one (1) month’s notice in writing or payment in lieu of notice to the Company. You must also complete the necessary transfer of work duties before leaving the Company.

Customer: replied 1 year ago.


1. only has start day.


2.Here is the related language:


The company reserves the right to modify or withdraw any of the above terms stated herein in this offer letter if it becomes essential for any business reason or whatsoever. This agreement shall be governed by and interpreted in accordance with the laws of the People’s Republic of China


 


I am a US Citizen working overseas for a California company. The contract was sign with the Asia office in Singapore.

Expert:  ANDREA replied 1 year ago.

That is not an Employment Agreement. It is a letter offering you the position and it states that the company can modify (change) the terms at any time,

 

You have two steps which you should take together:

 

 

1. Ask the General Counsel to meet privately with you. Tell the General Counsel that you do not appreciate being shown such disrespect whether in front of executives at a large meeting or in private. That you expect to be shown the respect which you also give. And, that if this happens again, you fill file a formal Complaint with management and take whatever steps are necessary to insure that you receive the respect which you deserve;

 

 

2. Speak to your immediate boss in private and ask him why he did not say anything when you were spoken to this way at the meeting and embarassed in front of all the other executives. Tell him also that if this happens again, you will file a formal Complaint with the Equal Employment Opportunity Commission ("EEOC") in the company's home State in the US.

 

 

The EEOC is responsible for taking all Complaints based on Hostile Work Environments and Discrimination, and investigating them. Once they complete their investigation, they issue a "Right to Sue" letter to the employee, giving the employee the right to sue the employer for damages. The employer cannot take any action against the employee in retaliation for filing any Complaint with the EEOC and if it does, the employer must pay heavy fines and penalties. The EEOC has defined a "Hostile Work Environment" as one where an employee or employees do or say things to another employee and make it difficult and almost impossible for the employee (You) to perform the duties and responsibilities of their position.

.

.

Of course, you will say these things to your boss in a respectful way, but also in a way that he understands that you will not tolerate this treatment again. This should be enough to let everyone know you mean what you say and should silence them and show you the respect that you deserve. Remember, regardless of where you work, it is a US company and the policies of the company on how employees are treated are subject to the laws of the US and the laws of the home State of the Company.

.

I wish you the very best,

 

 

.

.

Please be kind enough to rate my service to you as "Excellent Service", If you need any additional information after you rate my service, please let me know by using the "Reply" button,

 

 

 

 

ANDREA

 

 

ANDREA, Attorney
Satisfied Customers: 11580
Experience: JD, LLM (Federal Taxation); Employment Law, Employment disputes
ANDREA and 2 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello.

The previous expert who responded to your question is not licensed in California and is not a California Employment Law expert. I will be subbing in for her and will be happy to answer any follow-up questions you have.
Customer: replied 1 year ago.


My boss is pushing me really bad to work with this person together again before I had any talks with him or had him apologiz to me. Can I refuse my boss? I really cannot work with this guy any more. That was a mental injury. I was really hurt.


 


Which way is more effective, EEOC or lawyer?


 


Do I need to hire a lawyer in California?

Expert:  Joseph replied 1 year ago.
Do you believe that the treatment that you're experiencing is due to discrimination based on a protected characteristic (such as race, gender, national origin, or ethnicity)?
Customer: replied 1 year ago.

 


It could be. If it is race, how do I prove it.


 

Expert:  ANDREA replied 1 year ago.

Please excuse the other individual who sent you an information request. I do not think he realized that if I were not qualified to Answer your question, the question would have been locked.

 

In Answer to your question, if your direct boss is pressuring you to work with the person who showed you disrespect, you should speak with your boss about how you feel. You should also speak to the General Counsel as I suggested in my previous Answer to you. Although it is a US company, the offer letter states that it will be governed by the laws of China. Under these circumstances, your employer might be able to terminate your employment for refusing to follow direct orders from your boss. This might lead to your termination and rather than risk that possibility, it is better that you appeal to your boss and explain exactly how the General Counsel made you feel when he embarrassed you in front of everyone sitting in on the meeting which you mentioned. As I stated in my previous Answer, you can still file a formal Complaint with the EEOC, if you feel that you were being singled out because of your gender. But, if you are terminated, it might be very difficult to sue your employer in China. Therefore, you should try the steps I outlined above, and see what results you get.

 

Please let me know what results you achieve with these steps.

 

 



Please be kind enough to rate my service to you as "Excellent Service", If you need any additional information after you rate my service, please let me know by using the "Reply" button,


ANDREA

 

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