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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12054
Experience:  Significant experience in all areas of employment law.
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Our office got this manager who is from a temporary agency

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Our office got this manager who is from a temporary agency we also have 5 other employees that were hired from the same agency. There are 7 of us that have been regular employees for 10 years or more. This manager has come in and taken away some of the regular employees jobs and given them to a couple of the temps. We have complained to HR and higher up the chain of her favortism. This all seems to fall on deaf ears. It appears that if you question this manager she takes your work away from you. We all feel that she is doing unethical billing procedures which we question. She has also brought in a early out agency (collection agency)who she seems to give all our accounts to them before we can attemp to collect on them. We feel something shady is going on but no one will listen to us. What are our rights as employees? We feel like we our being pushed out of our positions.
Hello and thank you for entrusting me to answer your question. I am very sorry to hear that you and your co-workers are faced with this difficult situation and I completely understand your concerns.

Unfortunately, employees in this circumstance enjoy very little in the way of legal rights. This is because the law affords employers tremendous discretion to manage their business as they see fit. There is no legal obligation that employers be fair or reasonable, and absent an agreement to the contrary, employment is "at will," meaning it can be terminated or the terms changed at any time.

If you are aware of specific illegal activity and you report it to the appropriate government enforcement agency, you may be entitled to protection from retaliation as a whistle blower. Labor Code 98.6 would entitle you to lost wages and reinstatement if you were to be fired or demoted for making such a report.

However, whistle blower protections apply only to reports for illegal activity. Simply suspecting something 'shady' would be insufficient to invoke the law, so more concrete evidence of actual wrongdoing would likely be required in order to invoke protection under the law.

Aside from whistle blower protection, there is no law that prohibits the conduct that you describe, despite it being understandably upsetting and quite unfair. I truly wish I could tell you that the law provided more protection in this regard, but the reality is that employers can do almost anything they want with their business and employees enjoy little in the way of formal rights and job protections.

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Very best wishes to you.
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