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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4893
Experience:  Extensive experience representing employees and management
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I am having anger issues with a subordinate in my department,

Resolved Question:

I am having anger issues with a subordinate in my department, of which I filed grievences. My president ceo is not following proper procedure. I want to know what my rights are, to avoid confrontations with this person, and should I be affraid to work because of his angry outbursts and disrespectful and insubordinate behavior with me. He has displayed these acts to others in our place of business and our ceo has ignored, in fact sided with the offender.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

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

My goal is to provide you with excellent service today.

When you state that your CEO is not following proper procedure, is this procedure from an employee handbook or other document?

Also, can you tell me if the subordinate employee has made you fear for your personal safety due to threats or other comments?

Finally, can you tell me if you have an employment contract with your employer or are you an 'at-will' employee?

Thanks!
Customer: replied 1 year ago.
Is it possible for me to send you a copy of an email correspondence I sent to my ceo this morning. Everything is outline in it and you will understand the full picture?

To answer your question, no I have no handbook but was instructed by himself and the H/R person on this particular process.

and yes, I have expressed fear for my personal safety.
Customer: replied 1 year ago.
Is it possible for me to send you a copy of an email correspondence I sent to my ceo this morning. Everything is outline in it and you will understand the full picture?

To answer your question, no I have no handbook but was instructed by himself and the H/R person on this particular process.

and yes, I have expressed fear for my personal safety.

Also, I do not have a contract. I work for the Better Business Bureau and I feel I may lose my job. I blurted out emotionally at the end our meeting that I would resign, and my ceo said accepted.
Expert:  Joseph replied 1 year ago.
Hello Lisha,

Yes, you can attach the email correspondence here through cut or paste and/or using the 'paper clip' icon that should be in your message window (if you are using internet explorer or firefox).

Can you tell me what the employee has done to cause you to fear for your personal safety?

Has his conduct been violent or has he made threatening comments about harming you?
Customer: replied 1 year ago.
His body language shows the anger and he raises his voice to disrupting levels. No he has not threatened verbally of harming.

I have only my ipad and don't know how to attach my email. may i get your email address to send it to?

There are several issues here that my email will outline clearly. Also, can my ceo fire me after I verbally told him I was going to resign out of frustration? I hold 2 positions, manager of the sales department, and director of Business Relations. Can he fire me for either for communication with him honestly and openly?
Expert:  Joseph replied 1 year ago.
Hello Lisha,

No, unfortunately, JustAnswer doesn't allow experts to give out personal contact information so I cannot give you contact information outside of JustAnswer, since it violates site rules.

However, you can send an email with the information to customer service and they will forward it to me.

Unfortunately, it is difficult to prove a 'reasonable fear' for your personal safety based on the visual display of anger and the employee raising his voice to disrupting levels. If there were specific comments or any time that you were touched by this person in any way then you would have sufficient evidence to take it court and to apply for a restraining order.

You would also have enough information to then file a complaint with the Occupational Safety and Health Commission for your employer keeping this employee on who is threatening your personal health and safety.

As an at-will employee (with no employment contract), you can be terminated at any time for any reason with or without any notice. It is legal for your CEO to terminate you after you verbally told him that you were going to resign out of frustration.

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."

Since your employer can terminate you for any reason (even a bad or false one) or none at all, your employer can unfortunately terminate you for communicating with him on an open and honest basis.

The one exception to this would be if you can prove that the employer breached the contract first by the CEO not following procedure. However, it is difficult to prove this based on what you were told by HR and the CEO himself or herself (although it is possible). It is easier to prove this if there were a documented policy in an employee handbook or elsewhere.

One final thing to note. If you have any reason to believe that you are being treated unfairly due to discriminated based on a protected characteristic (such as gender, sex, national origin, race, age, etc.) you would have a cause of action against your employer for discrimination in violation of the Fair Employment and Housing Act and should definitely pursue it, which you can do through filing a complaint online here:

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

I realize the above information is not entirely favorable to your situation and is not what you wanted to hear, but I sincerely XXXXX XXXXX you appreciate an honest and direct answer, as it would be unprofessional of me to provide you with anything less.


Joseph, Lawyer
Satisfied Customers: 4893
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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