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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4890
Experience:  Extensive experience representing employees and management
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hello, I have been with my company for 9 years in the past

Customer Question

hello,
I have been with my company for 9 years
in the past 5 years I have been told I was being groomed for management
I was promoted to the position of Senior and along with my standard duties as a technician I have been given additional management role duties outside my job description.
Acting as duty manager, working with and collaborating with customers as a manager not a tech, giving direction and assigning task to other techs
I have been sent to get a supervisor certification
I had a recent official review done, not by my direct manager, yet a standard manager, in this review he compared my stats with a group who had no extra duties, and did not account for me not being in the customer queue at the same time due to being given manager responsibilities. A new Director with a management position that became available promoted someone who has not been on this track, promoted them directly did not open the position for interviews as regular procedure, and has my review reflected as not showing no management responsibilities added and puts in their I fall below specs of regular techs, when time was taken away from me. This punished me for doing management duties and taking management courses and denies me due process to position. With this it affects my raise for the year. I am asking for a new review and for reconsideration properly in the manager hiring process and I am being denied?
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.

What question do you have regarding your situation?
Customer: replied 1 year ago.

what can I do?


 

Customer: replied 1 year ago.

are there laws are practices being violated here?


what can I do in this scenario?


 

Expert:  Joseph replied 1 year ago.
Hello Terrence,

Unfortunately, no law is being violated by your employer in treating you this unfairly and not giving you a new review and reconsideration for hiring.

As an at-will employee, your employer can discipline you for any reason (even a bad or false one) and, unfortunately, you have no recourse to get an improper negative review off your record.

This is due to 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 realize that the above news is not what you wanted to hear, and I sincerely XXXXX XXXXX had better news to give you (as I believe that employees should have significantly greater rights in this area) but I hope you appreciate a direct and honest answer to your question. It would be unprofessional of me and unfair to you to provide you with anything less.
Customer: replied 1 year ago.

Hello


I think maybe may not be askng correctly


 


 


 


This is not about rehire or getting employment


 


 


Yet are you saying they can file a inacurate review n use it to penalize me even wheny direct mgr states it is innacurat?

Expert:  Joseph replied 1 year ago.
Yes, unfortunately, your employer can file and use an inaccurate review even though your district manager states that it is inaccurate.

Unlike being charged with a crime by the government, you don't have due process rights when it comes to employer discipline, so while it ix extremely unfair and unethical that this is happening, it is not illegal, and you wouldn't have a cause of action against your employer.

(Unless you have reason to believe that you're being treated different due to discrimination based on a protected characteristic, such as race, gender, national origin, ethnicity, or sex).

Also if your employer were to disclose information regarding your false negative review to others that would constitute defamation.
Customer: replied 1 year ago.

I do believe becaisr I am black n gay I am applying for another department n this will be seen by them

Expert:  Joseph replied 1 year ago.
Hello Terence,

If you believe that you are being discriminated against on the basis of your sexual orientation or race then you should definitely file a complaint with the Department of Fair Employment and Housing for discrimination in violation of the Fair Employment and Housing Act.

You can file a complaint using the information available online here:

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

Expert:  Joseph replied 1 year ago.
Hello Terrence,

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

If you don't rate my answer positively, the website recoups your entire deposit and I get nothing for assisting you.

Trust me when I tell you that I need the money WAY more than they do, so I'd greatly appreciate your positive rating of my services.

Thanks and best of luck!
Customer: replied 1 year ago.

Hello,


 


Is not a job description when hired into a position a contractual agreement


and when directed to do steps outside that job description not allowing complete compliance to the contract and then in review of process on the contract do not include the fact of the extra activity a breach in the contract?


 


How can I really prove discrimination, I mean some idea's?


 


Knowing this and constantly repeating this behavior in not complying with the contract that the duties are for consideration of management and then reverse on that a second time, to promote to a position outside of the natural progress and not give everyone a chance with interviews?


 


Blatantly doing these things are ok in the work environment?

Expert:  Joseph replied 1 year ago.
Hello Terrence,

No, a job description does not constitute a contract when you start the job. You would need an actual defined term of employment, and an agreement signed by both you and your employer. Otherwise, your employer can change the terms and conditions of your employment at any time for any reason with or without any prior notice.

The proof of discrimination would come from any instances in the workplace where it was made apparent that you were being treated differently due to your race or sexual orientation. Also, if there were a general culture that made you feel uncomfortable, you can also base your claim on a hostile work environment.

As I mentioned above, due to the employment at-will doctrine, there is no requirement that an employer behave in a humane or ethical manner toward employees and can treat them unfairly (as long as they aren't doing so due to a discriminatory reason).

I understand and empathize with your sense of injustice (as I too believe employers should not be allowed to get away with this behavior) but unfortunately under the current status of the law they are.
Joseph, Lawyer
Satisfied Customers: 4890
Experience: Extensive experience representing employees and management
Joseph and 2 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Terrence,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question and/or requesting me directly in California Employment Law.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

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