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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31579
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I live in los angeles, CA I tasted a friends drink without

Customer Question

I live in los angeles, CA

I tasted a friends drink without knowing there was alcohol in it. That same day I saw my bartender give the employee another drink just before the employee walked out the door. This is the second time I reported it to my general manager. The first time he told my supervisor that it would have been "inappropriate to taste the drink" even after being warned there was alcohol it. I reported all this to general manager recently and now i feel like he is turning this around on me. He says "your telling me you admittedly drank alcohol". Now other employees are coming out and telling me the have seen(drinking and stealing with the same bartender it also. I emailed Human Resources about this. HR replies with an email ending in this,

" refraining from discussing the complaint, contents or the investigation with other employees or persons OUTSIDE your organization.
Any attempt to influence the outcome of the investigation by discussing it with others violates company policy and can be the basis for disciplinary action."

Yes i have spoke with this to other employees because they all have seen stealing and him drinking alcohol. They report it a few days after i do. Also, "We don't care about the write ups. But if they fire one of us after coming forward about this bad employee. What can I do??? All this is over email. If you need me to email you everything then send me your email address.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Tina replied 1 year ago.
Hello and welcome,

I am very sorry to hear of your difficult situation.

Does the employer's policy manual indicate that an employee will not suffer repercussions or disciplinary action if they report misconduct by another employee?

Customer: replied 1 year ago.

yikes...just read be Heard without fear or retaliation...


 


 


I never done this before...am i annoying you with these lil messages. :(

Expert:  Tina replied 1 year ago.
No, you are no annoying me David. I'm just trying to get a clear picture of your situation, so I can provide useful information for you. :) I am working on your answer now and will post it here shortly.
Customer: replied 1 year ago.

thankyou this website is AMAZING.


 


Your reminder to click on HAPPY FACE. made me laugh.

Expert:  Tina replied 1 year ago.
Hello again. Glad you got a chuckle out of that. :)

If the employer does have a policy indicating employees will not suffer retaliation for reporting violations of company policies or theft from the company, then that could provide grounds to pursue a cause of action for wrongful termination if you are terminated for reporting the violation based on an implied contract theory of law.

However, the employer would normally have the discretion to direct that employees not discuss the events involved that are being investigated, so I would heed the notice provided to you by the employer and not discuss the details of events unless you are asked to do so by the employer.

If the employer does take any retaliatory action against you, then it would be best to retain a local employment law attorney to represent you in pursuing legal action against the employer, but I would continue to comply with their policies since you do not wish to give them any justification for terminating your employment if you are already concerned about retaliation.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

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Tina, Attorney
Satisfied Customers: 31579
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
Tina and 2 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

HI again...


 


Tina..there is an investigation going underway about the subject above. I am told by a previous manager who works there is that Human Resources is supposed to be doing this type of investigation.


 


After the meeting an employee came up to me. She said that the general manager intimidated her and told her exactly what to write on a statement.


 


He told her it was optional to fill out a statement, she said okay then I won't. He replied then it will make me wonder why you dont do it and stared at her.


 


What can we do?


 


What can we do?

Expert:  Tina replied 1 year ago.
Hello again, David.

The company likely has legal counsel providing guidance for them, and it would be best if the employees together retained a local attorney to represent them as well.

It often compels a company to act more reasonably once an employee retains counsel. The attorney could communicate a belief that the statement was obtained by intimidation and coercion in an attempt to prevent the employer from using the statement against other employees.

If the employer does retaliate in violation of their own policies, then that could justify pursuing legal action against them as well, as I indicated above.

The state and local bar associations can provide attorney referrals for you. Go to calbar.org for the state bar's referral service.

It has been my pleasure to assist you. Please remember to press the smiley faces/stars on the right of your screen when we are finished with our communication so I will be credited for my time.

Kindly remember to rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the REPLY TO EXPERT or CONTINUE CONVERSATION button with whatever issue or clarification you may need. I will be happy to continue further and assist you until I am able to explain your concern to your satisfaction. Please also remember that I cannot control whether the law is favorable to you or not, so please don’t shoot the messenger.

Thank you very much and all the best to you,

Tina

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:

http://www.justanswer.com/law/expert-tina/

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