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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5131
Experience:  Extensive experience representing employees and management
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Customer Question

I have worked at a college for 5.5 years receiving great evaluations. Last week there was a 3 hr discussion saying my behavior has been a problem the whole time and with students and staff alike. During the inquisition i was asked at least five times what i do during my lunch. my boss knows i go to a aa meeting and have been sober 26 years. it was her boss asking. i said i take a lunch. i leave campus. in the next interview she said she hoped her inquiry was not misconstrued, she wanted to know if i relaxed during lunch. still none of their business. 2 days later a 2 hr continuing meeting The next day my boss came to me first thing saying she needed a hug. They pray most days in their office leaving me out front alone. They used to do it w doors open until I suggested they could get in trouble.y union rep lives next door to my boss and is watching her animals for 2 weeks. I am participating in the lynching altho I worked in hr and think there have been some serious errors on their part. All this time I was given the impression I do great work and work on rough spots as my fellow workers do as they arise. There is another scheduled this Wednesday. Hr was out last week. I wanted them there. Any suggestions?
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.

First off, congratulations on your 26 years of sobriety. That is an amazing achievement!

Do you believe that your attendance at AA meetings or your employer's knowledge of your prior alcoholism is motivating their actions toward you?

Do you think that discrimination based on a protected characteristic may also be at play, for instance, age discrimination?

Customer: replied 1 year ago.
I don't believe my association with AA or anything related is motivating them, nor my age. I don't think being non religious is helping me. Especially in light of their sometimes daily prayer. I think the main thing is my independent thinking and lack of conforming style in general. And a big point for me is that I haven't been written up for my deficiencies, and it would be fine if the did, but this process seems ridiculously excessive.
Expert:  Joseph replied 1 year ago.
Hello Mari,

If you belive that you're being treated differently based on your (non) relgious beliefs then you can file a complaint against your employer with the Department of Fair Employment and Housing, which you can do using the instructions available online here:

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

The Department of Fair Employment will investigate the complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.

Unfortunately, the other activity that your employer is taking, while unethical and unfair, is legal.

Due to the employment at-will doctrine, your employer is not under any oblgiation to write you up on a certain issue before taking any further action against you.

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."


I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a
direct and honest answer to your question.


Customer: replied 1 year ago.
Since u bring up at will, and I'm glad u did, Without will there's also up implied contract. Since I work there so long and they said my service was so good In each of my reviews, Isn't that an Implied contract. Isn't it implied in my reviews that my service has been more than satisfactory
Expert:  Joseph replied 1 year ago.
No, there's no implied contract no matter how good your service was and no matter how long you worked at a company.

The only thing that changes at-will employment is if your employer promises you a job for a certain amount of time, you have an explicit employment contract, or you are a member of a union.

Otherwise you can be terminated at any time for any reason with or without any prior notice.

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