California Employment Law
California Employment Law Questions Answered by Legal Experts
1) Please see the first paragraph in my initial question, above.
2) As I wrote above, on the Employee Counseling Form, which was provided by my supervisor to me and to the H.R. representative (who was on a conference call with us). I am not certain who else would have seen this form. My supervisor did not specifically write that I am paranoid but, wrote a) that I said of the other employee that "(he) is out to get me", and; b) "describing how these (other) personnel were also conspiring to hurt her". I ABSOLUTELY never said that others were conspiring to hurt me. So, in making this comment, I felt that my supervisor was attempting to paint me as paranoid.
3) What would constitute an employment contract?
1) After five weeks of not speaking to me (not one word), the employee wrote me an email which suggested that he had come into my area to access information (a physical file) that he had absolutely no reason to access and then made commentary on the file being errored. He had "touched" my work; I believe for the purposes of saying that he COULD "touch" my work. I believe that this behavior would be considered as passive-aggressive. He was very angry about my having told his supervisor about his personal phone usage. Again, I was concerned (from MANY stories he had told me about his accosting other people, including physically) that I notified my employer that I was concerned that he might retaliate including physically or through touching my personal information to which he was entitled access by virtue of his position.
2) I do not know if the counseling form was seen by anyone outside of my company. However, I believe that the our H.R. department would be considered the "third" party with regard to libel. If my supervisor could be libel for defaming me to my company, would my company, also, be responsible for his behavior toward me?
3) California is an at-will state. I did sign acceptance of an offer for employment (I cannot put my hands on it right now); but, since California is an at-will state, I would assume this applies.
Do I need to resubmit this question or will someone answer me when available? I have been waiting awhile for a response.
Will you be charging me for your responses?
Thank you for your feedback.
Just two items..
Would it be helpful if I said that "I believe" that the badly-behaved other employee is a mysogynist?!
Also, I was being "disciplined (with my supervisor) USING these false statements".
I am more interested in making someone/anyone at my former employer aware that my supervisor was/is very careless in what he says and what he puts in writing (prevarications & erroneous information). I was harmed in that I was told that they would not protect me with regard to potential physical harm or damage to my work product or personal information. (I forgot to mention that the other employee had told a mutual employee/friend that he wanted to "smash in my face").
Thank you very much for your reply."Would it be helpful if I said that "I believe" that the badly-behaved other employee is a mysogynist?!"From a legal standpoint, this would not have any impact. The legal questions are simply whether false statements of fact were made to third parties which caused you to incur injury, and whether the behavior of this employee is so extreme and outrageous as to constitute IIED. Him being a mysogynist does not tend to prove or disprove these things and so would be irrelevant.Also, I was being "disciplined (with my supervisor) USING these false statements."This is important, as it would constitute a form of damage that occured as a direct result of the defamatory statements. This is the sort of thing you would need to prevail on a claim for defamation. Of course, from a practical standpoint, you will still be tasked with proving that you did NOT in fact make these statements, which may be difficult to do if it just comes down to word against word, but this is the sort of damage that you would need in order to have a claim.Finally, since this employee has made threats of violence against you, you may also be able to obtain a civil harassment restraining order. Visit this link for information on the process: http://www.courts.ca.gov/documents/ch150.pdfAgain, I sincerely XXXXX XXXXX this information helps you and I wish you the best. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you. Kindest regards.
Actually, I was just teasing about using the mysogynist angle...
Unfortunately for my former supervisor, there are so many items on the counseling form that CAN be proved to be false.
I thank you VERY much for your assistance (and your excellent grammar)!
Please throw me back to the smiley faces for rating to finish.
Yesterday, I rated your service as excellent...so, not certain why I received your request for a rating today.
Nonetheless, have rated your service, again, as excellent.
The $5, $45 fees have been deducted from my account, and an additional $10 tip has, also, been deducted.
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