California Employment Law
California Employment Law Questions Answered by Legal Experts
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I'm sorry to hear about your situation and hope I can help.
Do you have an employment contract with your employer, are you a member of a union, or are you an at-will employee?
Hi Thank you, XXXXX XXXXX do not have a contract, but I'm a Union Member.
As a union member you are entitled to have a union representative present whenever you are being disciplined.
If you believe that you are being wrongfully suspended in violation of the employee training procedures, you should definitely file a grievance with your union against the false charges that have been brought against you, and which are in violation of the employee's own rules.
Through the grievance procedure, you can be returned from suspension and have the discipline eliminated from your record.
I'm not sure what you were suspended before, but generally employees can be suspended for 'not knowing what they should do' if the employee can demonstrate that the employee reasonably should have known what to do.
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Thanks and best of luck!
Thank you very much for your help! My boss had treated me very badly in the pass, yelling at me, called me at home in many occassions to reprement me over the phone on my time off, and on the writen reprement letter she accused me on making many mistakes in areas that I did not know that were there, because I was not trained propertly. Also she even acused me of not doing sertain things when I was not even on the schedule to work. Can this qualified as a hasstle environment?
No, unfortunately, legally, a hostile work environment is only one that is hostile due to discrimination based on a protected characteristic.
However, if your workplace environment is so bad that it is causing you health and/or psychiatric problems then you could quit and still be entitled to unemployment, since a reasonable person in the same or similar circumstances who wanted to stay employed, would also leave his or her job.
Thank you Joseph! But the lack of training it is a violation of policy I hope. Will you guide me how to behave in a skelly meeting? I get easily mad at my boss because she lies a lot, and at the last skelly the skelly officer voted me down because I did not admit to some of the false charges. Most of the employees I supervise know very well of her behavior and are willing to support me with letters of feed back to present to one of the CEO this coming week. Do you think that will be helpful to me?
It is definitely important to try to deal with your anger outside of the hearing, since that will not be taken very well by the hearing officer.
You should definitely get friends to assist you by testifying on your behalf so it doesn't just appear that it is your word against your boss' word.
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