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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4999
Experience:  Extensive experience representing employees and management
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I work for a company that conducts trainings in various companies...one

Customer Question

I work for a company that conducts trainings in various companies...one of the clients decided to ban me from all future trainings throughout the firm although I am not sure she was in that position but our company listened to her... person complained about my facilitation style...I am a part time employee who is paid for 5 days of training...anything over that is paid at my daily rate....this occurred in July of 2012... The company has put me on other programs but even so over the the last 6 months I have easily lost 20k or more and I am looking at losing roughly another 15K between now and the end of march...
What responsibility does the company have to me and also the role of the client?
Any advice would be most appreciated...
Submitted: 1 year ago.
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.

Was there a reason given why you were banned from all future trainings?

Do you have an employment contract with your employer or are you an at-will employee?
Customer: replied 1 year ago.
The reason was that a particular participant did not like how I facilitated the session and as a result she got people on her side to complaine about me.
Also I had an observer someone I knew from a previous training who I later contacted to get her insight in the program and what I did not know was that I was going over her head

Those were the reasons given to me.
After the program I emailed the sales person to let her know how the program went. The group were senior managers and all very on edge. It is a class where video taping occurs.
I am at will
Customer: replied 1 year ago.
By talking to the person who observed the program was going over the head of the person who was the buyer of the program. I did not know this.
Expert:  Joseph replied 1 year ago.
Hello Lora,

Unfortunately, as an at-will employee, your employer doesn't have any responsibility to you, and can decide to go along with the participiant who did not like the way that you facilitated a training session.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

However, if you believe that the participant made false and damaging statements about you, you would have a cause of action against the participant for defamation.
Customer: replied 1 year ago.
What and how could I prove that?
Expert:  Joseph replied 1 year ago.
You would need to be able that the participant made factually false statements that damaged your reputation and caused you to lose trainings.

If you can point to statements that were inaccurate (rather than just matters of opinion) you could prove this cause of action.

That said, it is a very difficult cause of action to prove (and an even more difficult one to get an attorney interested in) so your chances of proving it would be minimal.
Expert:  Joseph replied 1 year ago.
Hello Lora,

Please remember to rate my answer positively so I get credit for my work!

Or, please ask me any follow up questions you have.

Thanks and best of luck!

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