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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5123
Experience:  Extensive experience representing employees and management
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For two years my management has accused me of policy violations

Resolved Question:

For two years my management has accused me of policy violations ( unwarranted) poor performance, mismanagement of time . . . all subjective. I have been a good performer for 15 years and suddenly my performance is constantly beaten down. My sales have risen from last (two years ago) to third in the district (of 12) people, I have been demoted, loosing bonus pay and have been placed on PIP. I believe the hope is that I will quit. I have invested too much in my career and feel that the "beat down" is unwarrnated. However, it is beginning to affect my confidence and ultimately my ability to perform or my motivation to get out to the field each day. Help, please.
Submitted: 1 year ago via EmployeeIssues.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

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

What question do you have regarding your situation?
Customer: replied 1 year ago.
Although the policy violations were dismissed. I feel im fighting a loosing battle. On field visits I believe that I am doing well. But there has not been any positive feedback for the past year. Is it time to quit,as they would like or should I let them play out their character assasination.
Expert:  Joseph replied 1 year ago.
Hello Valerie,

If you have any reason to 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) you should file a complaint with the Department of Fair Employment and Housing.

You can do so using the information available online here:

http://www.dfeh.ca.gov/Complaints_eCompProc.htm


The DFEH will investigate the claim on your behalf and either file suit on your behalf or issue you a right to sue letter.

Regardless of whether you believe you're being discriminated against or not, you should definitely not quit your job. If you stay on the job, you will be eligible for unemployment benefits if you are terminated, as long as your employer cannot prove that you were terminated for cause (which seems unlikely given the facts here).

Although you could potentially be eligible for unemployment benfits if you were to quit your job, it is unlikely, since you would need to prove objectively that any other reasonable employee who wanted to stay employed would also leave his or her job in the same circumstances.

I find it odd that you would not be treated differently due to your increase in sales, but it also could just be necessary that you coninue to be persistent, and try not to leve the lack of positive feedback damage your morale.
Joseph, Lawyer
Satisfied Customers: 5123
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you

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